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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


THE  CHARTER 


CITY   OF  NASHVILLE 


The  commission  form  of  government  Act  of  1913,  and 

various  amendments  during  the  same  session, 

and  sidewallc  Acts  1907  and  1911. 


Compiled  by 

A.  G.  EwiNG,  Jr., 

City  Attorney. 

AND 

F.  M.  Garard, 
Assistant  City  Attorney. 


Nash\ille,  Tenn. 

McQuiddy  Printing  Company, 

1913. 


Jlbl 


TABLE  OF  CONTENTS. 


A.      • 

Page. 
Commission   Form  of   Government,   Charter 5-80 


B. 

Original  Act  of  1913,  Creating  Commission  Form  of  Government 5-75 

C. 

Act  of  1913,  x'Vuthorizing  Police  and  Fire  Pensions 81-83 

D. 

Act  of  1913,  Extending  the  City  Limits 83-84 

E. 

Act  of  1913,  Carrying  Current  Street  Repair  Revenues  into  Budget...   84-85 

F. 

Act  of  1913,  Correcting  Clerical  Error  in  Enumeration  of  Sections....         86 

G. 

Sidewalk  Assessment  Act  of  1907  and  Amendments  Thereto  of  1911..   87-92 

H. 

Index  to  the  Charter  of  the  City  of  Nashville 93-107 


^67!±±± 


CHAPTER  22. 
Senate  Bill  No.  236. 

(By  Davidson  County  Delegation.) 

A  BILL  to  be  entitled  An  Act  to  create  a  municipal  corporation  to 
be  known  as  the  "City  of  Nashville,"  and  to  define  its  rights, 
powers,  duties,  and  obligations,  and  to  repeal  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act. 

Section  1.  Be  it  enacted  bij  the  General  Assembly  Municipal 
of  the  State  of  Tennessee,  That  a  municipality,  to  be   creTed.""'' 
known  and  designated  as  the  ''City  of  Nashville," 
is  hereby  created  a  body  politic,  the  corporate  limits  ^^e"^''^'^^"^^^ 
of  which  shall  be  coextensive  with  the  corporate  lim- 
its of  the  municipality  designated  "Mayor  and  City 
Council  of  Nashville,"  as  chartered  under  Chapter 
114  of  the  Acts  of  the  General  Assembly  of  the  State 
of  Tennessee  for  the  year  1883  and  the  various  sub- 
sequent Acts  amendatory  thereof,  as  said  corporate  p°^^^rs  and 
limits  may  be  established  when  this  Act  takes  effect. 

Sec.  2.  Be  it  further  enacted,  That  said  corpora- 
tion shall  have  perpetual  succession;  shall  sue  and  be 
sued,  plead  and  be  impleaded,  in  all  courts  of  law 
and  equity  and  in  all  actions  whatsoever;  may  pur- 
chase, receive,  and  hold  property,  real  and  personal, 
within  said  city;  and  may  sell,  lease,  or  dispose  of  the 
same  for  the  benefit  of  the  city;  and  may  purchase, 
receive,  and  hold  property,  real  and  personal,  beyond 
the  limits  of  the  city,  to  be  used  for  the  burial  of  the 
dead,  for  the  erection  of  the  waterworks,  for  the  es- 
tablishment of  the  poorhouse,  pesthouse,  workhouse, 
or  house  of  correction,  or  for  a  public  park  or  prom- 
enade, or  for  any  other  purpose  that  said  city  may 
deem  necessary  or  proper ;  and  may  sell,  lease,  or  dis- 
pose of  such  property  for  the  benefit  of  the  city  to 
the  same  extent  as  natural  persons.  It  shall  have 
and  use  a  common  seal,  and  may  change  it  at  pleas- 
ure. 

Sec.  3.    Be  it  further  enacted,  That  all  corporate  Authority 
powers  and  authorities— legislative,  executive,  ad-    Boardo" 
ministrative,  and  quasijudicial — conferred  on  said    commission- 
municipal  corporation  shall  be  vested  in  a  Board  of 


— 0— 

Commissioners;  and  no  eoiporate  power  or  author- 
ity sliall  be  vested  in  or  exercised  by  any  other  offi- 
cer or  officers  of  said  city,  except  as  may  be  herein 
otherwise  expressly  provided,  or  except  as  such  pow- 
ers and  authorities  may  be  delegated  by  said  Board 
of  Commissioners  to  any  other  officer  or  officers  by 
virtue  of  the  powers  conferred  by  this  Act  on  said 
Board  of  Commissioners. 

Sec.  4.  Be  it  further  enacted,  That  said  Board  of 

^^alllTdlparf" Commissioners  shall  consist  of  a  Mayor,  who  shall 
"^"^^-  have  charge  of  (1)  the  Department  of  Public  Affairs, 
Police,  and  Health;  and  of  four  other  Commission- 
ers, who  shall  severally  be  elected  to  have  charge  of 
the  Departments  (2)  of  Finance,  Lights,  and  Mar- 
ket House;  (3)  of  Streets,  Sewers,  and  Sidewalks; 
(4)  of  Fire,  Sprinkling,  and  Building  Inspection; 
and  (5)  of  Waterworks,  Street  Cleaning,  and  Work- 

Generaieiec-   house.    Tlic  general  election  for  Mayor  and  Commis- 
tion-when.  siouers  sliall  be  held  biennially  on  the  fourth  Thurs- 
day in  September,  and  the  new  administration  shall 
be  organized  and  sworn  into  office  on  Tuesday  fol- 

sworn  in-      lowlug  tlic  secoud  Tliursday  in  October.    The  Mayor 

when.  ^^  *■  ' 

and  Commissioners  shall  be  elected  at  the  regular 
biennial  city  election  as  candidates  specifically  for 
one  or  another  of  the  five  offices  named  above,  and 
shall  hold  office  for  a  term  of  four  years,  or  until 
their  successors  shall  have  been  elected  and  quali- 
fied; provided,  liowev-er,  that  the  member  of  the 
'"^  commission- Board  of  Public  Works  in  office  when  this  Act  takes 
«"•  effect  whose  term  expires  in  1915  shall  become  there- 

upon the  first  Commissioner  for  the  Department  of 
Fire,  Sprinkling,  and  Building  Inspection,  and  that 
the  member  of  said  Board  of  Public  Works  then  in 
office  whose  term  expires  in  1917  shall  at  the  same 
time  become  the  first  Commissioner  for  the  Depart- 
ment of  Streets,  Sewers,  and  Sidewalks,  and  that  they 
shall  continue  in  office  until  the  Tuesday  following 
the  second  Thursday  in  October  of  said  years,  re- 
spectively, or  until  their  successors  are  elected  and 
qualified;  and  provided,  further,  that  there  shall  be 
elected  on  the  fourth  Thursday  in  September  of  1913 
only  the  ?^[ayor,  the  Commissioner  for  the  Depart- 
ment of  Waterworks,  Street  Cleaning,  and  Work- 
house, and  the  Commissioner  for  the  Department  of 


Finance,  Lights,  and  Market  House,  and  that  the  lat- 
ter shall  be  elected  for  a  term  of  only  two  years,  so 
that  his  term  will  expire  in  1915,  concurrently  with 
that  of  the  Commissioner  for  the  Department  of  Fire, 
Sprinkling,  and  Building  Inspection;  and  provided, ^^^^^^^^^^ 
further,  that  in  1915,  and  at  each  biennial  city  elec-   Boards, 
tion  thereafter,  two  Commissioners  other  than  theT-g^^gof^j^ce. 
Mayor  shall  be  elected,  and  at  alternate  elections  a 
Mayor  shall  be  elected. 

Sec.  5.  Be  it  further  enacted.  That,  except  as  li^^"^- Elections 
in  otherwise  provided,  the  general  election  laws  of  'understate 
the  State  shall  be  applicable  to  and  control  all  city 
elections,  general  or  special,  which  may  be  held  in 
accordance  with  the  provisions  of  this  Act ;  and  the  ^^j^^^,  quanfi. 
qualifications  of  voters  shall  be  as  prescribed  by  such    cations, 
general  election  laws;  provided,  howev'Sr,  that  no 
person  shall  be  qualified  to  vote  for  Mayor  or  Com- 
missioner who  shall  not  have  been  a  bona  fide  resi- 
dent of  such  city  for  at  least  six  months  immediate- 
ly preceding  the  day  of  such  election;  and  provided, 
further,  that  any  resident  citizen  and  qualified  voter 
of  the  county  in  which  said  city  is  located,  who  has  property  quai- 
been  a  bona  fide  owner  of  property  located  within    ^oter°°°^ 
the  corporate  limits  of  said  city  for  more  than  twelve 
months  prior  to  the  date  of  the  election,  may  regis- 
ter and  vote  in  any  one  ward  of  said  city  where  said 
property  may  be  located,  in  any  city  election,  gen- 
eral or  special,  held  under  the  provisions  of  this  char- 
ter. 

Sec.  6.  Be  it  further  enacted,  That  when  two  oi'^j^^^^^g 
]nore  persons  shall  have  an  equal  number  of  votes  for 
the  office  of  Mayor  or  Commissioner  in  the  general 
municipal  election,  the  election  shall  be  referred  back 
to  the  voters  of  the  city,  and  another  general  elec- 
tion held  in  accordance  with  the  terms  and  provi- 
sions of  the  general  election  laws  of  the  State  of  Ten- 
nessee. 

Sec.  7.  Be  it  further  enacted.  That  the  candidates  primary 
to  be  voted  for  at  all  general  municipal  elections   ^^*''*'°°- 
shall  be  nominated  by  a  general  legal  primary  elec- 
tion to  be  held  on  the  second  Thursday  in  Septem- 
ber preceding  the  general  municipal  election.     The 
judges  and  other  officers  of  election  appointed  f or  j^^jg^s  and 
the  general  municipal  election  shall  be  the  judges   °ffi«>-s. 


—8— 


Qualifying  as 
voters  and 
candidates. 


Candidates  in 
general 
election. 


Registration 
for  primary 
and  general 
election 


Cotnpensation 
of  Commis- 
sioners. 


Mayor  and 
Commission 
ers— qualifi- 
cations. 


and  ()0i('<?rs  of  ilio  primaiy  (Heel ion,  and  the  polls 
shall  he  opened  at  the  same  ))laees  and  during  the 
same  iiours  that  are  provided  for  the  general  munici- 
pal election.  All  persons  who  are  legally  (jualified 
to  vote  at  the  general  iniinici])al  ele(;tion  shall  be 
(pialified  to  vote  at  such  primary  elections.  Any  per- 
son desiring  to  become  a  candidate  for  Mayor  or 
member  of  the  Board  slial'.,  at  least  ten  days  before 
said  primary  election,  file  with  the  Commissioners  of 
Election  a  written  request  averring  that  he  is  quali^ 
tied,  to  which  shall  be  attached  the  petition  of  at 
least  twenty-five  qualified  voters,  who  shall  be  tax- 
payers, requesting  sucli  candidacy,  and  who  shall 
aver  in  said  i)etition  that  the  candidate  is,  in  their 
opinion,  qualified  to  perform  the  duties  of  the  office; 
and  the  name  of  such  applicants  and  no  others  shall 
be  placed  on  the  ballot.  The  two  candidates  for  any 
particular  office  that  receive  the  highest  number  of 
votes  shall  be  the  candidates,  and  the  only  candi- 
dates, for  that  office  at  the  succeeding  general  mu- 
nicipal election;  provided,  hoivev-er,  that  if  in  any 
such  primary  election  a  candidate  for  any  particu- 
lar office  shall  receive  a  majority  of  all  the  votes  cast 
in  such  primary  election,  he  shall  be  the  sole  candi- 
date for  such  office  in  the  succeeding  general  munici- 
pal election,  and  no  other  name  shall  appear  on  the 
ballot  as  a  candidate  for  that  office.  The  primary 
elections  herein  provided  for  shall  be  deemed  elec- 
tions within  the  provisions  of  the  election  laws  re- 
quiring a  supplemental  registration,  and  there  shall 
be  such  supplemental  registration  before  each  pri- 
mary election  and  again  before  each  regular  election. 

Sec.  S.  Be  it  further  enacted,  That  the  compensa- 
tion of  the  Mayor  shall  be  six  thousand  dollars  ($6,- 
000)  per  annum,  payable  in  monthly  installments; 
and  that  of  the  other  members  of  said  Board  of  Com- 
missioners shall  be  five  thousand  dollars  ($5,000) 
per  annum,  payable  monthly  in  installments.  No 
member  of  said  Board  of  Commissioners  shall,  di- 
rectly or  indirectly,  receive  any  other  or  greater  com- 
pensation than  that  first  provided. 

No  person  shall  be  eligible  to  the  office  of  Mayor 
or  Commissioner  unless  he  shall  be  an  elector  of  the 
city  at  the  time  of  his  election,  and  shall  have  been 


— 9— 

siicli  for  at  least  five  (5)  years  immediately  preced- 
ing that  time,  and  shall  be  at  least  thirty  (30)  years 
of  age  at  the  time  of  his  qualification;  pi-ovided,  how- 
ever, that  all  persons  otherwise  qualified,  who  have 
resided  for  a  period  of  five  (5)  years  within  the  ter- 
ritory embraced  within  the  corporate  limits  of  said 
city  at  the  time  of  their  election,  shall  be  eligible  to 
hold  the  office  of  Mayor  or  Commissioner. 

Before  entering  upon  the  duties  of  their  respective 
offices,  the  Mayor  and  each  Commissioner  shall  take 
and  subscribe  to  the  following  oath: 

"I  do  solemnly  swear  that  I  will  support  the  Con- 
stitution of  the  United  States  and  of  the  State  of  ^  ° 
Tennessee,  and  that  I  will  faithfully,  zealously,  and 
impartially  discharge  the  duties  assigned  to  me  or 
incumbent  upon  me  by  virtue  of  the  provisions  of  this 
Act,  without  fear  or  favor  and  for  the  public  wel- 
fare. ' ' 

Sec.  9.  Be  it  further  enacted,  That,  to  the  end 
that  the  work  of  the  city  government  may  be  classi-  dutL^^""  ^~ 
fied  and  arranged  and  more  efficiently  conducted, 
there  is  now  by  this  Act  established  the  following 
departments,  with  the  duties  and  powers  and  made 
up  as  hereinafter  indicated  : 

1.  The  Department  of  Public  Affairs,  Police,  and 
Health. 

2.  The  Department  of  Streets,  Sewers,  and  Side- 
walks. 

3.  The  Department  of  Finance,  Lights,  and  Mar- 
ket House. 

4.  The  Department  of  Fire,  Sprinkling,  and  Build- 
ing Inspection. 

5.  The  Department  of  Waterworks,  Street  Clean- 
ing, and  Workhouse. 

Sec.  10.  Be  it  further  enacted,  That  the  Mayor 
shall  be  at  the  head  and  have  charge  of  the  Depart-  ^^duHel. 
ment  of  Public  Affairs,  Police,  and  Health,  and, 
within  the  scope  of  this  department,  shall  be  the  gen- 
eral supervisor  of  all  of  the  affairs  of  the  municipal- 
ity; the  office  of  the  City  Health  Department  and  all 
matters  pertaining  thereto;  the  receiving  and  filing 
of  all  reports  of  heads  of  other  departments  and  re- 
ports from  the  Mayor  as  to  his  department;  and  of 
the  general  condition  of  the  city  with  respect  to  all 


—10— 

matters  affecting  the  welfare  of  the  municipality  and 
its  citizens.  The  Ma5'or  shall,  furthermore,  have  su- 
pervision and  control  over  the  Police  Department  of 
said  city,  hut  shall  not  remove  any  employee  of  said 
Police  Department  or  of  any  other  city  department 
who  are  placed  by  this  Act  under  civil  service  regu- 
lations, except  as  may  be  herein  expressly  provided. 
It  shall  be  the  duty  of  the  Mayor,  as  the  head  of  this 
department,  to  keep  the  Board  of  Commissioners  ad- 
vised from  time  to  time  as  to  all  matters  affecting  the 
general  welfare  of  the  city;  and  it  shall  also  be  the 
duty  of  the  Mayor  to  preside  at  all  meetings  of  the 
Board  of  Commissioners  and  to  appoint  such  com- 
mittees as  may  be  pf^^dded  for  by  ordinance  or  reso- 
lution of  the  Board. 
^  Sec.  11.   Be  it  further  'enacted,  That  each  of  the 

Commission- members  of  said  Board  of  Conmiissioners  shall  have 
charge  of  the  department  to  which  he  was  elected, 
subject  to  such  regulations  as  may  be  prescribed  by 
the  Board.     All  executive  and  administrative  pow- 

"howfixed.  ers,  authorities,  and  duties  not  herein  otherwise  ex- 
pressly provided  for  shall  be  distributed  among  said 
five  departments  in  such  manner  as  the  Board  by 
resolution  may  determine  upon,  and  so  as  that  each 
member  shall  have  charge  of  the  matters  properly 
coming  within  the  scope  of  his  department. 

Sec.  12.    Be  it  further  enacted,  That  whenever  a 

Interpretation  '  ' 

ofjurisdic-    difference  shall    arise  as  to  what  department  em- 

tion  in  1  •     1 

doubtful      braces  a  particular  work  or  matter  or  the  right  to 

cases.  '■  ^  . 

appoint  any  particular  employee  or  employees,  ei- 
ther because  the  same  is  not  herein  specially  pro- 
vided for  or  because  of  a  difference  of  opinion  as  to 
the  xDroper  construction  of  the  various  sections  of 
this  Act,  the  question  shall  be  determined  by  a  ma- 
jority of  the  Board  of  Commissioners  in  regular  ses- 
sion, and  their  conclusion  shall  be  final  and  binding. 
Vacancies-  Sec.  13.  Bc  It  furtJier  enacted,  That  upon  any  va- 
how  filled.  ^^j^Qj  occurring  in  the  Board  of  Commissioners  by 
death,  resignation,  or  otherwise,  except  in  the  case 
of  a  Commissioner  who  is  recalled  by  the  voters  as 
hereinafter  provided,  the  remaining  four  Commis- 
sioners shall  have  the  power  by  majority  vote  to 
elect  a  Commissioner  to  fill  such  vacancy,  who  shall 
hold  office  for  the  unexpired  term.     Pending  such 


—11— 

election,  the  Mayor  (or  if  the  vacancy  be  in  the  office  vacandes- 
of  the  Mayor,  then  the  Vice  Mayor)   shall  assume   rniln.^""'^^^ 
and  have  charge  of  the  department  over  which  the 
Commissioner  whose   office   has   been   vacated   had 
charge. 

Sec.  14.  Be  it  further  enacted,  That  the  Board  of  Meetings  of 
Commissioners  shall  hold  regular  meetings  on  Tues-  ^ommission- 
day  of  each  week,  at  10  o'clock  A.M.,  and  may  hold 
special  meetings  at  such  times  as  may  be  called  by 
the  Mayor  or  any  two  of  the  Commissioners;  pro- 
vided, six  hours'  written  notice  thereof  is  given  to 
each  member  or  is  left  at  his  nsual  place  of  residence. 
It  shall  be  lawful  at  any  special  meeting  for  the  ^P^^^\\^gg 
Board  to  transact  an}^  unfinished  business  of  a  prior 
regular  meeting  or  special  meeting,  or  anj^  new  busi- 
ness that  may  come  before  such  special  meeting. 
All  meetings  of  the  Board  shall  be  public,  and  shall 
be  held  at  the  city  hall  of  said  city,  and  not  else- 
where, except  as  may  be  authorized  by  ordinance 
duly  enacted  by  the  Board  of  Commissioners.  In 
case  of  a  vacancy  in  the  office  of  Mayor  or  of  his  dis- 
ability or  absence,  the  functions  and  duties  of  the 
Mayor  shall  be  exercised  by  a  Vice  Mayor,  who  shall 
be  a  member  of  the  Board  of  Commissioners  of  such 
city,  and  who  shall  be  elected  by  a  majority  of  said 
Board  of  Commissioners  at  its  first  regular  meet- 
ing after  each  general  city  election. 

Three  members  of  said  Board  shall  constitute  a  Quorum,  ordi- 
quorum  for  the  transaction  of  business.  The  ayes  "^'^'^^S'  «'^*=; 
and  noes  shall  be  called  and  entered  upon  a  journal 
upon  the  passage  of  every  ordinance,  resolution,  or 
order  of  any  kind,  and  no  order  or  resolution  shall 
be  adopted  unless  three  votes  are  recorded  in  its  fa- 
vor. 

The  Board  of  Commissioners  shall  keep  a  com- 
plete record  of  all  of  its  proceedings,  and  a  copy 
from  its  records,  certified  by  its  clerk,  shall  be  com- ^^^^en^''" 
petent  evidence  in  all  courts  of  this  State. 

Each  member  of  said  Board  of  Commissioners  commission- 
shall  give  bond  (with  not  less  than  three  sureties) 
in  the  sum  of  twenty-five  thousand  dollars  ($25,000) 
in  favor  of  said  city,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  department  and  the 
proper  distrilnition  of  and  accounting  for  all  moneys 


—12- 


Commission- 
ers' bonds 
filed. 


No  interest  m 
contracts 


No'sdditional 
compensa- 
tion. 


Expenditures 
over  5500 — 
appropriated 
how. 


Advertised. 


No  convict 
labor. 


Expenditures 
under  S500. 


Interest  in 
contracts 
prohibited. 


oomini?  into  his  hands  in  his  official  capacity,  and  said 
bonds  shall  be  filed  with  the  clerk  of  the  Board  of 
Commissioners  and  enrolled  by  him  in  a  book  to  be 
kept  for  the  purpose  of  enrolling  all  official  bonds. 

Sec.  15.  Be  it  further  enacted,  That  no  Commis- 
sioner or  official,  subordinate  officer,  or  other  em- 
ployee of  the  city  shall  be  connected  with  or  inter- 
ested in,  directly  or  indirectly,  any  contract  with  the 
city;  nor  shall  any  Commissioner  of  the  city  receive 
any  compensation  other  than  that  herein  expressly 
provided;  nor  shall  extra  pay  be  allowed  or  received 
by  any  Commissioner  or  officer  of  the  city  serving 
on  a  committee,  agency,  or  any  commission  whatever, 
when  appointed  to  such  service  by  the  Commissioner 
during  his  term  of  office;  provided,  hoivever,  that 
whenever  the  duties  of  any  of  the  Commissioners 
shall  require  him  to  visit  a  point  beyond  the  limits 
of  Davidson  County,  his  reasonable  expenses  may  be 
paid  by  the  city  if  such  pajanent  is  authorized  by 
the  Board  of  Commissioners  by  a  duly  enacted  or- 
dinance. 

Sec.  16.  Be  it  further  enacted,  That  where  the  es- 
timated expenditure  for  any  public  improvement  or 
other  public  purpose,  taken  as  a  whole,  amounts  to 
more  than  five  hundred  dollars  ($500),  the  Commis- 
sioner for  whose  department  such  appropriation  is 
desired  shall  transmit  to  the  Board  of  Commission- 
ers an  ordinance  authorizing  said  expenditure;  and 
in  the  event  of  the  passage  of  said  ordinance  by  the 
Board  of  Commissioners  as  herein  provided,  it  shall 
be  the  duty  of  the  Board  of  Commissioners  to  ad- 
vertise and  let  the  work  or  matter  for  which  the  ex- 
penditure is  desired  to  the  lowest  competent  and  re- 
sponsible bidder;  provided,  that  said  lowest  bidder 
shall  not  employ  convict  labor  in  said  work  or  any 
part  of  it.  In  all  cases  of  expenditures  of  less  than 
five  hundred  dollars  ($500)  the  Commissioner  in 
charge  of  the  department  for  which  such  expendi- 
tures are  desired  may  make  the  same  with  the  ap- 
proval of  a  majority  of  the  Board  of  Commissioners. 
But  no  member,  officer,  or  employee  of  the  Board 
of  Commissioners,  nor  any  person  related  within  the 
sixth  degree  by  the  civil  law  to  any  member  of  said 
Board  of  Commissioners,  or  of  any  Board  created 


—13— 

under  this  Act,  shall  be,  directly  or  indirectly,  inter- 
ested in  any  contract  or  work  of  any  kind  whatever 
under  the  direction  of  the  Board  of  Commissioners 
or  of  any  Board  created  under  this  Act  or  any  de- 
partment thereof,  and  any  contract  for  work  or  ma- 
terial in  which  any  such  person  shall  have  an  interest 
shall  be  void. 

No  money  shall  be  paid  at  any  time  to  any  person 
claiming  under  a  contract  with  the  Board  of  Com-  "tract-affi^"" 
missioners  or  any  Board  created  under  this  Act,  or 
any  department  thereof,  until  such  person  shall  have 
first  filed  with  the  Board  his  statement,  under  oath, 
disclosing  the  names  of  all  persons  directly  or  indi- 
rectly interested  in  the  contract  or  the  proceeds  or 
profits  thereof,  declaring  that  no  person  other  than 
named  are  interested,  and  that  no  person  forbidden 
by  this  Act  has  any  interest  in  the  same. 

When,  in  the  opinion  of  the  Board  of  Commission- 
ers, it  shall  become  necessary  or  desirable  in  the  "^contract- ° 
prosecution  of  any  work  to  make  alterations  or  mod-  ^"'''  """^^ 
ifications  in  the  specifications  or  plans  of  any  con- 
tract or  contracts,  such  alterations  or  modifications 
shall  only  be  made  by  order  of  the  Board  of  Commis- 
sioners, and  such  order  shall  have  no  effect  until  the 
price  to  be  paid  for  such  extra  work  shall  have  been 
agreed  upon  in  writing  and  signed  by  the  contractors 
and  approved  by  the  Board  of  Commissioners;  pro- 
vided, however,  that  the  total  cost  of  the  work,  with 
the  addition  of  the  price  so  agreed  upon,  shall  not 
exceed  the  original  estimate;  and  provided,  further, 
that  nothing  shall  be  allowed  any  contractor  for 
extra  work  caused  by  alteration  or  modification 
unless  a  written  order  or  agreement  is  signed  by  the 
contractor  and  the  Board  of  Commissioners,  nor 
shall  such  extra  allowance  in  any  case  exceed  the  sum 
fixed  by  such  written  agreement.  No  recovery  shall 
be  had  by  any  contractor  for  any  extra  work  done 
for  the  Board  of  Commissioners,  or  am^  department 
thereof,  unless  the  agreement  to  pay  the  same  be  in 
writing,  as  hereinabove  provided. 

All  contracts  made  by  the  Board  of  Commission- 
ers, or  any  department  thereof,  when  other  conditions    favored- 
are  equal,  shall  be  given  to  the  parties,  concerns,  or 


—14— 

manufacturers  whose  home  office  is  in  said  city  or 
in  the  county  in  which  said  city  is  located. 

Sec.  17.  Be  it  furtliev  enacted,  That  the  said  Board 
created  by  of  Commissiouers  shall  have  power  and  is  hereby 
ers"™'*^'°""  authorized  to  create  such  offices  and  to  provide  by 
ordinance  for  the  appointment  or  election  of  all  such 
officers,  or  administrative  heads,  as  may  be  necessary 
for  the  ,<>ood  i>-overnment  of  the  city;  and  the  com 
pensation  of  all  officials  or  employees  whose  com- 
pensation is  not  fixed  by  law  shall  be  fixed  by  the 
Board,  and  shall  be  subject  to  change  at  its  will  and 
pleasure;  provided,  however,  that  this  shall  not  ap- 
ply to  the  salaries  of  officials  elected  by  the  people 
])rior  to  the  taking  effect  of  this  Act  and  whose  terms 
of  office  shall  not  have  then  expired,  it  being  the  ob- 
ject and  purpose  of  this  Act  that  all  officials  elected 
by  the  people  prior  to  the  taking  effect  of  this  Act 
shall  serve  out  their  terms  and  receive  for  the  re- 
mainder of  their  said  terms  the  same  compensation 
as  was  fixed  hy  law  at  the  time  of  their  respective 
elections,  except  the  two  members  of  the  former 
Board  of  Public  Works,  who  shall  receive  compensa- 
officers elected  ^on  as  providcd  by  this  Act.    Officers  and  adminis- 

ov  Coramvs-  .  '  iini  i  TTn-r»  i  ii 

sioners.  trativc  lieads  shall  be  employed  by  the  Board  on  the 
nomination  of  the  Commissioner  having  charge  and 
supervision  thereof;  but  am^  one  so  nominated  who 
shall  thereupon  be  rejected  Iw  the  Board  shall  not  be 
,  eligible  to  be  nominated  or  confirmed  for  the  same 
office  for  a  period  of  one  year,  unless  such  office  is 
rendered  vacant  by  death  or  resignation. 

The  compensation  of  officers  and  administrative 
*^o"f-how''°"  heads,  excepting  as  herein  otherwise  provided,  shall 
^''^^-  be  fixed  on  the  recommendation  of  the  Commission- 

er under  whom  he  serves,  subject  to  the  approval  of 
the  Board ;  and  the  compensation  of  clerks  and  com- 
mon laborers  in  each  department  shall  be  fixed  by 
the  member  having  charge  thereof,  but  between  lim- 
its to  be  prescribed  \)\  ordinance  duly  enacted  by  the 
Board  of  Commissioners;  provided,  however,  that 
the  number  of  hours  constituting  a  day's  serA'iee  for 
common  laborers,  including  common  laborers  and 
mechanics  of  the  Waterworks  Department,  shall  not 
be  greater  than,  and  that  their  wages  shall  not  be 
less  than,  that  established  and  in  force  under  the  ex- 


—15— 

isting  charter  at  the  time  that  this  Act  g-oes  into  ef-  who  under 

/,.»■,,         (.[.  -.       .     .     ,         ,.  ,  ,  ,  ,  civil  service. 

lect.  All  omcers,  administrative  heads,  and  other 
employees,  except  those  placed  by  this  Act  under 
civil  service  rules  and  regulations,  as  hereinafter 
provided,  shall  hold  their  offices  or  positions  during 
the  will  and  pleasure  of  the  Commissioner  under 
whom  they  serve;  'provided,  ]iow-ever,  that  all  em- 
Xjloyees  of  said  cit^^  who  may  be  under  civil  service 
rules  and  regulations  when  this  Act  takes  effect  shall 
continue  to  hold  their  said  positions  without  the  ne- 
cessity of  reelection  of  reappointment  by  said  Board 
of  Commissioners. 

The  City  Attorney  may  be  nominated  by  any  mem-  ^.^^^  Attorney 
ber  of  the  Board  of  Commissioners,  and  shall  be    -ho"\ 

elected 

elected  by  a  majority  of  said  Board. 

Sec.  18.   Be,  it  further  enacted,  That  the  Board  of  „    ^  *  «= 

.        .  '  '  Bonaoiotii- 

Commissioners  shall  fix  the  amount  of  bonds  and  '^^^^^^''^'■'^'^ 
the  method  of  their  approval  to  be  required  of  all 
elective,  appointive,  or  subordinate  officers,  and  such 
other  city  employees  as  the  Board  of  Commissioners 
shall  require  to  give  bond.    The  approval  of  the  of- 
ficial bonds  of  all  elective,  appointive,  or  subordinate 
officers  and  other  employees  must  be  indorsed  there- 
on and  signed  by  the  Board  of  Commissioners,  and 
shall  be  given  and  made  by  some  good  and  solvent 
surety  compan}^     All  bonds,  when  approved,  shall  g^^j.  ^^^ 
be  filed  with  the  clerk  of  the  Board  of  Commission-   ^°'^'^^- 
ers,  and  be  by  him  kept  in  a  book  especially  prepared 
for  that  purpose. 

Sec.  19.   Be  it  further  enacted,  That  no  Commis- 
sioner or  officer  of  the  city  shall,  during  the  term  fQj.O"''°^''^°"^y- 
which  he  is  elected  or  appointed,  accept  or  hold  any  ^""^  ^^'^'^' 
other  office  under  the  city  government  or  become  an 
officer  or  employee,  with  or  without  pay,  of  the  State 
or  county  in  any  capacity  whatever. 

Sec.  20.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  each  Commissioner  to  prepare  and  submit  to  ^  mmt  pre° 
the  Board  of  Commissioners  a  budget  of  the  esti-    ^''''^^' 
mated  expenses  for  his  department  and  the  various  Estimates 
divisions  thereof  for  the  succeeding  year,  which  re-   'te™>^ed. 
port  shall  be  submitted  by  each  Commissioner  not 
later  than  the  first  of  December  preceding  the  year 
for  which  said  budget  is  intended.    It  shall  be  the 
duty  of  the  Board  of  Commissioners  to  publish  daily 


-10 


Ordiii.Tiice- 


Current  collec 
tions  for  re- 
pairs—cur- 
rent budget. 


for  at  least  one  week,  in  some  newspaper  published 
in  said  city,  the  proposed  budget  for  the  ensuing 
year,  and  the  snme  shall  not  become  a  law  until  such 
publication  has  been  made.  After  such  publication, 
the  Board  of  Commissioners  shall  by  ordinance 
apportioning,  ^^^p^  tho  budget  and  apportion  to  each  department 
such  sum  as  it  may  deem  advisable  for  the  conduct 
and  maintenance  thereof. 

That  said  municipality  of  the  City  of  Nashville 
be,  and  the  same  is,  hereby  authorized  and  empow- 
ered to  direct  the  Revenue  Department  to  keep  a 
separate  account  of  all  money  turned  into  the  Reve- 
nue Department,  and  which  becomes  a  part  of  the 
moneys  of  the  Street  Department,  from  the  Nash- 
ville Railway  and  Light  Company,  the  Nashville 
Gas  and  Heating  Company,  and  for  all  privileges 
from  plumbers  and  others,  for  excavations,  and  the 
said  amounts  so  received  shall  be  credited  to  the 
Street  Department  for  the  use  of  said  department, 
and  the  same  shall  be  subject  to  use  by  the  Street 
De})artment  in  addition  to  the  amount  provided  by 
the  [Board  of  Commissioners]  in  the  annual  budget, 
during  the  current  year  in  which  the  same  are  paid 
in. 

Any  Commissioner,  official,  head  of  department, 
employee,  or  other  person  intrusted  with  the  collec- 
tion or  disbursement  of  the  funds  provided  for  in 
said  budget,  who  shall  create  or  aid  in  creating  any 
liability  of  the  corporation  beyond  the  expenses  as 
fixed  by  the  budget  for  said  department  or  division 
thereof,  or  who  shall  divert  the  funds  appropriated 
to  said  department  to  any  other  object  or  purpose 
than  those  for  which  such  sums  have  been  appropri- 
ated, shall  be  civilly  liable  to  the  corporation  for  the 
excess  and  for  any  loss  to  the  corporation,  and,  on 
conviction,  shall  be  fined  not  less  than  one  hundred 
dollars  ($100)  nor  more  than  five  hundred  dollars 
($500)  and  imprisoned  for  not  less  than  sixty  (60) 
days  nor  more  than  six  (6)  months. 

Sec.  21.  Be  it  further-  evacled,  That  no  city  within 
the  provisions  of  this  Act  shall  have  power  to  levy 
in  any  one  year  for  ordinary  corporate  purposes  a 
higher  rate  of  tax  than  one  per  cent  of  the  assessed 
value  of  the  taxable  property  within  its  limits  j  and 


Diverting  ap- 
propriation 
penalized. 


Misdemeanor 
to  exceed. 


—17— 

the  word  "ordinary"  is  to  embrace  all  expenses  for 
fire,  police,  streets,  gas,  water,  and  all  other  pur- 
poses strictly  municipal,  excluding  interest  on  debt 
and  tax  for  sinking  fund,  or  a  tax  to  yaj  any  judg- 
ment against  the  city,  or  in  obedience  to  any  manda- 
mus or  expense  for  schools,  for  which  an  additional 
levy  may  be  made.  Tf  at  any  time  it  shall  appear  to  Deficiency  in 
the  Board  of  Commissioners  that  the  tax  levy  for  the  ^''^  ^'^' 
current  and  ensuing  year  is  insufficient  for  properly 
conducting  the  affairs  of  the  city  and  for  construct- 
ing improvements  and  repairs  and  doing  such  things 
as  are  committed  to  its  charge,  the  Board  shall  pre- 
pare an  estimate  of  such  deficiency,  and  shall  there- 
upon have  the  right  in  its  discretion  to  make  such 
additional  appropriation,  and  proceed  to  make  a  spe- 
cial levy  upon  the  taxable  pjoperty — real,  personal, 
and  mixed — within  said  cit}^  taxable  for  State  pur- 
poses, but  not  to  exceed  the  limit  hereinabove  pro- 
vided for. 

Sec.  22.  Be  it  further  enacted,  That  the  budget  for  Budget  limits. 
the  ordinary  and  extraordinary  expenses  of  said  city 
for  any  one  year  shall  not  exceed  the  amount  of  rev- Amount  not  to 
enue  actually  collected  during  the  year  immediately   •=^'=«'='^- 
preceding  the  one  for  which  said  budget  is  intended ; 
provided,  that  the  proceeds  of  the  sales  of  any  bonds  proceeds  from 
made  in  any  year  may  be  added  to  the  budget  for   bonds  not  in. 
that  year  and  included  in  the  expenditure  to  be  made, 
even  though  in  excess  of  the  amount  of  the  revenue 
actually  collected  during  the  preceding  year.     And  Funds  trans- 
no  fund  appropriated  in  said  budget  for  one  depart- 
ment of  said  city  government  shall  be  transferred 
to  or  used  in  defraying  the  expenses  of  any  other 
department  of  said  city  government;  provided,  that 
the  Board  of  Commissioners  may,  upon  the  recom- 
mendation of  any  Commissioner,  authorize  by  reso- 
lution the  transfer  of  funds  from  one  department  to  sinking  fund, 
defray  the  expenses  of  another  department;  and  pro-   abiV.""^^^'^" 
vided,  further,  that  this  provision  shall  not  apply  to 
the  sinking  fund. 

It  shall  be  lawful  for  said  city  to  embrace  in  its  Annual  bai- 
budget   for   any   one  year   revenue  carried   in   the    ^ven '^^'^"^'^ 
budgets  for  the  preceding  year  and  which  has  not 
been  expended  during  such  preceding  year ;  provided, 
how^ever,  that  nothing  herein  contained  shall  author- 


-18— 


Contracts  in 
natnc  of  city 


Commissioners 
alone  can 
create  liabil- 
ity. 


City  laws 
published. 


Bond  and 
franchise 
ordinances 
and  elec- 
tions. 


Renewals- 
how. 


Refunding 
bonds. 


Funding 
bonds,  no 
referendum. 


ize  the  corporate  authorities  of  said  city  to  depart 
from  the  prescribed  plan  of  making  its  budgets,  ex- 
cept as  herein  expressly  authorized. 

Sec.  2.3.  Be  it  further  enacted,  That  all  contracts 
of  the  Board  of  Commissioners  shall  be  made  in  the 
corporate  name  of  said  city,  and  executed  in  its  be- 
half by  the  presiding  officer  of  the  Board,  under  the 
seal  of  the  corporation,  and  filed  in  the  office  of  the 
Board. 

Sec.  24.  Be  it  further  enacted,  That  no  member 
of  the  Board  or  other  person,  whether  in  its  employ 
or  otherwise,  shall  have  power  to  create  liability  on 
account  of  the  Board  or  its  funds  under  its  control, 
except  by  express  authority  of  the  Board  conferred 
at  a  meeting  duly  and  regularly  convened  as  herein 
provided. 

Sec.  25.  Be  it  further  enacted,  That  there  shall  be 
prepared  and  published  by  the  Board  of  Commission- 
ers, within  one  j^ear  after  the  passage  of  this  Act, 
and  once  in  every  five  years  thereafter,  a  digest  of 
all  of  the  ordinances  and  resolutions  of  a  public  na- 
ture then  in  force. 

Sec.  26.  Be  it  further  enacted,  That  no  bill  or  or- 
dinance for  the  grant  of  any  franchise  or  the  issu- 
ance of  any  bonds  shall  be  put  upon  final  passage 
within  ninety  days  after  its  introduction,  and  that  no 
franchise  shall  be  renewed  before  one  year  prior  to 
its  expiration.  Every  ordinance  involving  the  grant- 
ing by  the  city  of  any  franchise  or  amendment  to 
existing  franchises  for  the  supply  of  light  or  water, 
for  the  lease  or  sale  of  any  public  utility,  for  the  ex- 
emption of  any  quasipublic  corporation  from  the  du- 
ties imposed  upon  it  by  its  charter  or  by  the  law  of 
the  land,  or  involving  the  granting  by  the  city  of  any 
right  of  way  over,  through,  or  under  the  streets,  al- 
leys, avenues,  or  property,  to  any  street  railroad, 
telephone,  telegraph,  gas,  electric  light,  or  other 
company,  or  the  issuance  of  any  bonds  (excepting 
bonds  issued  for  the  purpose  of  funding  outstand- 
ing bonds,  which  shall  not  be  funded  except  at  the 
same  rate  or  a  lower  rate  of  interest),  must  be  sub- 
mitted to  the  qualified  voters  of  said  city  at  a  special 
election  to  be  called  for  that  purpose;  provided,  that 
such  ordinance  or  ordinances  mav  be  submitted  to 


—19— 

the  qualified  voters  at  a  general  city  election;  and 
provided,  further,  that  no  such  special  election  shall 
be  called  within  six  (6)  months  after  a  special  elec- 
tion or  general  city  election;  and  provided,  further, 
that  nothing  in  this  section  shall  prevent  the  Board 
of  Commissioners,  by  a  majority  vote  of  its  mem- 
bers, from  permitting  telephone,  telegraph,  street 
railway,  electric  light,  or  gas  companies  now  in  exist- 
ence, or  which  may  hereafter  be  created  and  obtain 
franchises  in  accordance  with  the  provisions  of  this 
Act,  from  erecting  additional  poles  or  extending  their 
lines  in  said  city  without  an  affirmative  vote  of  the 
qualified  voters. 

If  the  majority  of  the  qualified  voters  voting  in  Expenses  of 
such  special  or  general  city  election  on  the  matters  IFoZ^ 
embraced  in  this  section  vote  in  favor  of  such  ordi- 
nance or  ordinances,  the  same  shall  become  a  law; 
provided,  that  the  expenses  of  all  such  special  elec- 
tions, or  the  pro  rata  part  thereof,  when  held  in  con- 
junction with  a  general  city  election,  shall  be  paid  by 
the  person  or  corporation  in  whose  behalf  said  elec- 
tion shall  have  been  called  for  the  purpose  of  voting 
on  such  ordinance  or  ordinances. 

Sec.  27.  Be  it  further  enacted,  That,  for  the  pur-  ^ 
pose  of  providing  means  for  the  liquidation  and  re-  from  sinking 
tirement  of  the  bonded  indebtedness  of  said  city,  a 
sinking  fund  is  hereby  created,  into  which  shall  be 
paid,  on  the  first  of  each  month  after  this  Act  be- 
comes effective,  ten  per  cent  of  all  taxes,  revenues, 
and  collections  from  all  sources  whatsoever,  except 
from  the  tax  for  school  purposes  and  from  any 
money  derived  from  the  sale  of  any  bonds  received 
by  and  coming  into  the  city  treasury.  The  Commis- eoriimissioner 
sioner  of  Finance,  Lights,  and  Market  House  shall,  ^[^F'nance. 
at  the  end  of  each  month,  out  of  said  taxes,  revenues, 
and  collections,  except  out  of  the  taxes  for  school 
purposes  and  from  any  money  derived  from  sale  of 
any  bonds  received  during  said  month,  deduct  ten 
per  cent  from  the  aggregate  thereof,  and  deposit 
same  in  one  or  more  of  the  city  depositories  to  the 
credit  of  "Sinking  Fund;"  and  he  shall  open  and 
keep  in  his  books  in  his  office  an  account  designated 
''Sinking  Fund  Account,"  which  shall  show  accu- 
rately and  specifically  all  pajonents  made  into  and 


—20- 


Uonds,  buy 
when. 


chases  of 
bonds. 


Bonds— called. 


^not'dh-erted  ^'^  disbursemeiits  made  ont  of  said  sinking-  fund  ;  and 
no  disbursement  out  of  said  sinking-  fun<l  sliall  l)c 
made  for  any  purpose,  except  as  hereinafter  di- 
rected. The  moneys  paid  into  the  sinkinii;  fund  as 
aforesaid  shall  be  used  only  and  exclusively  for  the 
purchase,  retirement,  or  payment  of  any  outstand- 
in<^  l)onds  of  the  said  city.  At  the  end  of  each  quar- 
ter or  period  of  three  months,  the  Commissioner  of 
Finance,  Lights,  and  Market  House,  with  the  accumu- 
lation of  money  in  the  said  sinking  fund  and  with  the 

Report  of  pur-  ^PPi'C)val  of  thc  Board  of  Commissioners,  shall  buy 
any  of  the  outstanding  bonds  of  the  city  at  the  lowest 
price  at  which  they  are  offered  or  can  be  obtained; 
and  in  the  event  the  Commissioner  of  Finance, 
Lights,  and  Market  House  shall  be  unable  to  buy  any 
of  said  bonds  at  less  than  par  as  herein  authorized, 
he  shall  call  as  many  of  said  bonds  subject  to  call  as 
there  are  funds  on  hand  to  pay  the  principal  and  ac- 
crued interest  thereon,  before  investing  said  funds 
in  am^  of  the  bonds  of  said  city  at  more  than  par  and 
accumulated  interest.  Said  bonds,  which  it  is  in- 
tended in  this  Act  for  said  Commissioner  of  Finance, 
Lights,  and  Market  House  to  repay,  redeem,  and  re- 
tire, shall  be  designated  by  number  in  the  call,  and 
such  call  shall  be  published  and  advertised  for  not 
less  than  thirtv  days  in  one  or  more  of  the  daily  pa- 
pers published  in  said  city.  The  call  for  bonds  afore- 
said shall  fix  and  designate  the  time  when  and  the 
place  where  the  holders  thereof  shall  deliver  them 
for  payment,  and  the  place  of  payment  shall  be  the 
Treasurer's  office  of  said  city.  Interest  on  the  bonds 
shall  cease  on  the  day  fixed  in  the  said  call  for  their 
payment  and  redemption.  "When  said  bonds  called 
as  aforesaid  shall  be  presented  for  payment  and  re- 
demption and  are  paid  and  redeemed,  they  and  the 
coupons  thereon  shall  be  canceled  forthwith,  and. 
after  cancellation,  shall  be  held  and  securely  pasted 
in  a  well-bound  book  kept  for  that  purpose.  All 
payments  and  disbursements  out  of  the  sinking  fund 
authorized  by  this  Act  shall  be  made  on  the  written 
order  of  the  Commissioner  of  Finance,  Lights,  and 
Market  House,  in  which  the  object  and  purpose  of  the 
payment  shall  be  plainly  stated.  Said  order  shall  be 
directed  to  the  Treasurer;  and  upon  said  order  the 


Interest  on 
ceases. 


Canceled  and 
pasted  in 
book. 


—21— 

Treasurer  shall  use  tlie  money  in  the  sinking  fund 
to  purchase,  redeem,  or  pay  for  said  bonds.  No  such 
order  shall  be  issued  by  the  Commissioner  of  Fi- 
nance, Lights,  and  Market  House  until  the  same  has 
been  presented  to  and  approved  by  the  Board  of 
Commissioners,  and,  when  approved  and  transmitted 
to  the  Treasurer,  shall  be  carefully  preserved  and 
kept  by  him  in  a  well-bound  book. 

The  Commissioner  of  Finance,  Lights,  and  Market 
House  shall  make,  on  the  first  day  of  January  and 
July  of  each  year,  to  the  Board  of  Commissioners,  a 
detailed  and  itemized  statement  of  the  amounts  paid 
into  the  sinking  fund,  and  of  all  disbursements  made 
therefrom  under  tlie  provisions  of  this  Act,  and  shall 
accompany  said  report  with  the  certificate  of  the 
Treasurer,  showing  all  the  bonds  and  the  numbers 
thereof  purchased,  paid,  redeemed,  and  canceled. 
All  necessary  expenses  to  the  redemption,  cancella- 
tion, and  preservation  of  said  bonds  sliall  be  paid  out 
of  the  general  fund  of  said  city. 

Sec.  28.  Be  it  further  enacted,  That  each  of  the  Rules  of 
Commissioners  of  the  five  municipal  departments  epanments. 
hereinbefore  created  and  designated  shall  have  pow- 
er to  make  all  rules  and  regulations  for  the  govern- 
ment of  his  department  and  the  various  divisions 
thereof,  subject  to  the  approval  of  the  Board  of  Com- 
missioners, and  not  inconsistent  with  the  terms  and 
provisions  of  this  Act.  Each  Commissioner  shall 
have  power  to  employ  all  such  clerks  and  common 
laborers  as  may  be  deemed  necessary  by  the  Board 
for  the  proper  maintenance  and  conduct  of  his  de- 
partment or  the  various  divisions  thereof,  and  such 
appointments  shall  not  be  subject  to  the  approval  of 
the  Board  of  Commissioners. 

It  shall  be  the  duty  of  each  Commissioner  to  pre-  Reports- 
sent  monthly  to  the  Board  of  Commissioners  a  full    '"°"''^iy 
and  complete  record  of  the  workings  of  his  depart- 
ment and  its  divisions,  which  said  report  shall  show 
in  detail  what  sums  of  mone}^  have  been  spent  for  the 
conduct  of  such  department  or  its  divisions,  for  what 
purpose  such  expenditures  were  made,  and  shall  like- 
wise contain  recommendations  for  the  betterment  of 
the  department.    An  annual  report,  showing  in  de-  Repons-au- 
tail  the  workings  of  each  department  created  by  this   ""-'^ 


—22— 

Act,  shall  be  made  by  the  Commissioner  in  charge 
thereof,  submitted  to  tlie  Board  of  Commissioners 
for  its  approval,  and  bound  in  a  permanent  form  for 
publication. 

Ordinance-  ^^^'  ^^'  ^^  *^  furtlier  cMacted,  That  when  exercis- 
how  passed,  ing  thc  powcrs  conferred  on  it  wherein  the  passage 
of  an  ordinance  is  necessary,  the  Board  of  Commis- 
sioners shall  not  pass  any  such  ordinance  unless  and 
except  when  the  same  shall  have  been  read  in  full  and 
passed  on  three  readings  on  three  separate  days,  and 
any  ordinance  not  so  passed  shall  be  null  and  void. 
All  city  ordinances  shall  begin  by  an  enacting  clause, 
as  follows,  "Be  it  enacted  by  the  Board  of  Commis- 
sioners of  the  City  of  Nashville,"  and  shall  at  the 
end  contain  the  provision  that,  *  *  This  ordinance  shall 
take  effect  from  and  after  its  passage,  the  welfare 
of  the  city  requiring  it;"  otherwise  the  same  shall 
not  take  effect  until  twenty  days  after  the  passage 
thereof. 

i.e  isiative  ^^^'  ^^'  ^'^  ^^  furtJier  enacted,  That  the  Board  of 

powers.  Commissioners  of  said  city  shall,  within  the  limita- 
tions of  this  Act  provided,  have  powers  hj  ordi- 
nance : 

1.  To  levy  and  collect  taxes  upon  all  property  tax- 
able by  law  for  State  purposes;  but  such  tax  levy 
shall  not  exceed  the  rate  hereinbefore  provided  for ; 
and  said  city  shall  not  exempt  from  taxation  any 
property  not  exempt  from  State  taxes. 

2.  To  levy  and  collect  taxes  upon  all  privileges 
taxable  by  the  laws  of  the  State;  but  no  such  privi- 
lege tax  shall  be  levied  or  collected  in  excess  of  the 
amount  fixed  by  the  laws  of  the  State  for  taxing  such 
privileges  for  State  purposes. 

3.  To  make  all  rules  and  regulations  to  secure  the 
^hVaTtVrebu-  general  health  of  the  inhabitants ;  to  prevent  intro- 

lations,  etc.  (J^(,^jqjj  q£  coutaglous  dlscascs  iuto  the  city ;  to  make 
quarantine  laws  for  such  purpose,  and  enforce  the 
same  within  ten  miles  of  the  city ;  to  establish  hospi- 
tals and  make  regulations  for  the  government  there- 
of; to  declare  by  ordinance  what  constitutes  nuis- 
ances, and  to  provide  for  the  abatement  of  the  same 
within  said  city  or  within  one  mile  of  the  corporate 
limits  thereof,  and  make  all  repairs  and  improve- 
ments necessary  for  the  health  and  convenience  of 


—23— 

the  inliabitants ;  and  all  expenses  or  outlay  made  by 
the  Board  of  Commissioners  for  the  abatement  of 
nuisances  shall  be  reimbursed  by  the  owner  or  own- 
ers, and  shall  be  secured  by  a  lien  upon  the  property 
upon  which  the  expenditure  is  made,  which  lien  may 
be  enforced  by  a  suit  in  Chancery  Court  as  other 
liens  are  enforced. 

4.  To  appropriate  money  and  provide  for  the  pay-  Appropna- 
ment  of  the  debt  and  expenses  of  the  city,  and  also   purposcs.^^^ 
the  debt  of  the  municipal  corporation  of  which  it  is 

the  successor ;  to  make  appropriations  to  open,  alter, 
abolish,  widen,  extend,  establish,  grade,  pave,  or  oth- 
erwise improve,  clean,  and  keep  in  repair  streets, 
alleys,  and  sidewalks,  or  to  have  the  same  done;  and 
to  erect,  establish,  and  keep  in  repair  bridges,  cul- 
verts, sewers,  and  gutters;  and  to  make  appropri- 
ations for  lighting  the  streets,  and  for  the  erection 
of  all  buildings  necessary  for  the  use  of  the  city ;  and 
to  take  and  appropriate  grounds  for  widening  or  ex- 
tending streets,  avenues,  squares,  parks,  and  prom- 
enades, or  for  building  sewers,  gasworks,  hay  mar- 
kets, market  houses,  engine  houses,  station  houses, 
workhouses,  and  city  halls,  when  the  public  conven- 
ience requires  it,  under  the  provisions  of  Sections 
1981,  1982,  1983,  and  1984  of  Shannon's  Compilation 
of  the  Laws  of  Tennessee. 

5.  To  license,  tax,  and  regulate  all  occupations 
which  are  now  or  hereafter  may  be  declared  to  be 
privileged  occupations  by  the  laws  of  the  State;  to 
license,  tax,  and  regulate  all  means  of  public  con- 
veyance, as  automobiles,  carts,  omnibuses,  cabs, 
wagons,  and  drays,  which  are  held  out  to  the  public 
use  for  hire ;  to  fix  the  rate  to  be  charged  for  the  car- 
riage of  persons  and  property  b}^  such  conveyances 
within  the  city,  and  to  make  all  needful  rules  and 
regulations  for  the  government  of  such  convey- 
ances. 

6.  To  regulate  or  prohibit  and  suppress  theatrical 

and  other  exhibitions,  shows,  and  amusements,  gam-^houseP 
bling  houses,  disorderly  houses,  bawdy  houses,  and 
obscene  pictures  and  literature. 

7.  To  provide  for  the  arrest,  imprisonment,  and 
punishment  of  all  riotous  and  disorderly  persons 
within   the    city,    and   for   the    punishment    of   all 


—24— 

breaches  of  the  peace,  noise,  disturbance,  or  disor- 
derly assemblies, 

8.  To  regulate,  restrain,  or  prevent  any  business 
which  may  be  dangerous  in  causing  or  producing 
fires,  and  to  prevent  and  suppress  the  sale  of  fire- 
arms and  carrying  of  concealed  weapons,  and  the 
use  and  sale  of  firecrackers  and  toy  pistols,  or  any 
other  business  of  any  character  whatsoever  which 
may  be  declared  to  be  dangerous  to  the  security  and 
well-being  of  the  inhabitants. 

9.  To  regulate  the  storage  of  explosives,  combusti- 
bles, and  inflammable  materials  of  every  character, 
and  the  use  of  lights,  candles,  lamps,  and  steam  pipes 
in  all  stables,  shops,  and  other  places. 

10.  To  provide  for  the  inspection  and  measuring 
of  lumber  and  other  building  material,  and  for  the 
inspection  and  weighing  or  measuring  of  stone,  coal, 
wood,  and  all  fuel,  hay,  corn,  and  other  grain. 

11.  To  provide  for  and  regulate  the  inspection  of 
F°°^J"spec-    beef,  pork,  flour,  meal,  milk,  butter,  lard,  and  all  oth- 
er provisions ;  to  restrain  and  punish  the  forestalling 
and  regrating  of  other  provisions;  and  to  establish 
and  regulate  markets. 

.    j^^  ^        12.  To  regulate,  tax,  license,  or  suppress  the  keep- 
ningat large  iug  aud  goiug  at  large  of  all  animals  within  the  city; 
-poun    or.  ^^  impound  the  same,  and,  in  default  of  redemption 
in  pursuance  of  ordinance,  to  sell  or  kill  the  same. 

13.  To  improve  and  preserve  the  navigation  of  the 

Wharves  etc  .  .       .  . 

Cumberland  River  withm  the  city;  to  erect,  repair, 
and  regulate  public  wharves,  docks,  and  landings; 
to  fix  the  rate  of  wharfage  thereat;  to  regulate  fer- 
ries; and  to  regulate  the  stationary  anchorage  mov- 
ing of  vessels  or  rafts  within  the  city. 

14.  To  provide  for  inclosing,  improving,  and  regu- 
lating all  public  grounds  belonging  to  the  city,  in  or 
out  of  the  corporate  limits. 

15.  To  grant  rights  of  wa^^  through  the  streets, 
^o^rdlSa^nces.   avouues,  and  squares  of  said  city  for  the  use  of  pub- 
lic or  quasipublic  utilities,  but  subject  to  the  terms, 
provisions,  and  limitations  of  Section  27  of  this  Act. 

16.  To  provide  the  city  with  water  by  waterworks 
a  erwor  s.    .^j^j^'j^  ^^  bcyoud  thc  boundarics  of  the  city ;  to  pro- 
vide for  the  prevention  and  extinguishment  of  fires, 
and  the  organization  and  establishment  of  fire  compa- 


—25— 

nies;  to  take  and  appropriate  ground,  either  with- 
in or  beyond  the  corporate  boundaries,  for  water- 
works, pipes,  sites  for  pumping  station  or  reservoir, 
right  of  way  for  water  to  tlie  city  from  pumping  sta- 
tion or  reservoir,  upon  payment  of  damages;  but 
such  proceeding  under  the  right  of  eminent  domain 
shall  be  in  accordance  with  and  controlled  by  Sec- 
tions 1844  to  1867,  inclusive,  of  Shannon's  Compila- 
tion of  the  Laws  of  Tennessee. 

17.  To  establish  standard  weights  and  measures 
to  be  used  in  the  city,  and  to  appoint  a  Sealer  of 
Weights  and  Measures,  who  shall  have  exclusive  ju- 
risdiction within  the  city. 

18.  To  impose  fines,  forfeitures,  and  penalties  for 
the  breach  of  any  ordinance,  and  to  provide  for  their 
recovery  and  appropriation,  and  to  fix  terms  of  im- 
prisonment for  the  breach  of  any  city  ordinance ;  but 
no  penalty  so  fixed  shall  exceed  fifty  dollars  ($50), 
and  no  term  of  imprisonment  shall  be  for  a  longer 
time  than  three  (3)  months  for  the  sanie  offense. 

19.  To  erect  and  organize  a  workhouse  in  or  near 
the  city,  and  any  person  who  shall  fail  or  neglect  to  j^^ciiooihouses, 
pay  any  fine  or  costs  imposed  on  him  by  any  ordi- 
nance of  said  city  shall  be  committed  to  the  work- 
house until  such  fine  and  costs  shall  be  fully  paid; 

but  no  term  of  imprisonment  in  said  workhouse  shall 
be  for  a  longer  time  than  three  (3)  months  for  the 
same  offense. 

20.  To  impose  penalties  upon  the  owner  or  own- condemn 
ers,  occupants,  or  agents  of  any  house,  well,  or  struc-    ^o"'''^^'  ^t*=- 
ture  which  may  be  considered  dangerous  or  detri- 
mental to  the  citizens,  unless  after  due  notice  to  be 

fixed  by  ordinance  the  same  be  removed  or  repaired. 

21.  To  regulate  and  provide  for  the  construction 
or  repair  of  sidewalks  and  foot  pavements;  and  if 
the  owner  or  owners  of  any  lot  or  lots  shall  fail  to 
comply  with  the  provisions  of  such  ordinance  within 
such  time  as  may  be  prescribed  thereby,  the  Board 
of  Commissioners  may  contract  for  the  construction 
and  repair  of  all  such  sidewalks  or  pavements,  and 
the  city  shall  pay  for  the  same,  and  the  amount  so 
paid  shall  be  a  lien  upon  said  lot,  and  may  be  en- 
forced by  attachment  in  law  or  equity,  or  the  amount 


Workhouses, 
sch 

etc. 


—26— 


may  be  recovered  a^i^ainst  said  owner  l)y  suit  before 
any  court  of  coinyDetent  jurisdiction. 

'12.  To  compel  the  owners  of  buildings  to  erect  fire 

escapes  when  necessary  for  the  safety  of  occupants. 

i,anfi  for  parks     23.  To  crcato,  maintain,  and  control  a  system  of  ^  ^^ 


coiKlemned 
-how. 


r 


'^Of 


\x 


Electric  light. 


Cruelty  to 
animals. 


Schools. 


Nuisance.«, 
health,  and 
general  wel- 
fare. 


public  parks  within  its  corporate  limits  or  adjacent 
thereto,  and  for  such  purposes  to  acquire  and  hold 
property  by  purchase,  g-ift,  or  devise;  to  condemn 
private  property  for  park  purposes  in  accordance 
with  the  terms  and  provisions  of  Sections  1844  to 
1867,  inclusive,  of  Shannon's  Compilation  of  the 
Laws  of  Tennessee;  to  make  appropriation  by  ordi- 
nance for  their  maintenance;  to  enact  such  ordi- 
nances as  may  be  necessary  for  the  regulation  and 
control  of  such  public  parks ;  to  create  park  boards 
and  define  their  powers  and  duties. 

24.  To  build  or  purchase  or  own  and  operate  elec- 
tric light  works  for  the  purpose  of  lighting  public 
buildings  or  streets  or  all  other  public  places  in  the 
city,  and  for  the  sale  of  electric  current  to  all  per- 
sons desiring  to  purchase  the  same,  either  for  light, 
heat,  or  power,  or  any  purpose  whatever ;  or  to  pur- 
chase and  erect  within  or  beyond  the  boundaries  of 
the  city  a  gas  plant,  and  to  own  and  operate  the  same, 
together  with  a  complete  system  of  gasworks,  for 
the  purpose  of  supplying  the  city  with  light,  either 
for  public  purposes  or  private  consumption. 

25.  To  provide  by  ordinance  for  the  punishment 
of  cruelty  to  animals ;  to  impose  fines  for  the  breach 
of  such  ordinances;  and  to  create  a  Humane  Com- 
mission, and  to  define  its  powers  and  duties. 

26.  To  establish  a  system  of  free  schools  and  regu- 
late the  same,  but  so  as  to  avoid  sectarian  influence. 

27.  To  provide  for  the  appointment  of  a  police 
force,  and  make  rules  and  regulations  for  the  gov- 
ernment thereof. 

28.  To  pass  all  ordinances  other  than  those  herein 
expressed  which,  in  the  opinion  of  the  Board  of  Com- 
missioners, may  be  necessary  for  the  health,  con- 
venience, and  safety  of  the  citizens ;  to  carry  out  the 
full  intent  and  meaning  of  this  Act,  and  to  accom- 
plish the  object  of  this  incorporation. 

Sec.  31.  Be  it  further  enacted,  That  the  Board  of 
Commissioners  of  said  city  is  hereby  prohibited  from 


Q-i^u.  ^ 


r'T 


—27— 

employing  or  appropriating  the  revenues  and  taxes 
in  any  other  manner  than  for  purposes  strictly  mu- 
nicipal and  local  and  according  to  the  provisions  of  Donations 
this  Act;  and  said  Board  is  hereby  prohibited  from  p™'"^"^"- 
appropriating  any  money  or  revenue  or  credit,  di- 
rectly or  indirectly,  by  way  of  donation,  festivities, 
pageants,  excursions,  or  parades;  nor  shall  said 
Board  be  authorized  to  subscribe  to  the  stock  in  any 
railroad  company  or  any  other  corporation,  or  give 
or  lend  any  money,  aid,  or  credit,  directly  or  indi- 
rectly, to  any  person  or  corporation  whatever;  nor 
shall  said  Board,  directly  or  indirectly,  dispose  of, 
by  way  of  gift,  any  property  or  commodity  belong- 
ing to  said  city;  provided,  however,  that  said  Board 
may,  in  its  discretion,  sell  any  property  belonging  ^''"how^  ''°''^ 
to  the  city  upon  receiving  a  fair,  reasonable  valua- 
tion therefor;  but  no  public  utility  belonging  to  the 
city  shall  be  sold,  leased,  or  disposed  of,  unless  and 
until  the  question  of  such  sale,  lease,  or  disposal  has 
been  submitted  by  ordinance  to  the  duly  qualified 
voters  of  the  city  at  a  general  city  election  or  special 
election,  to  be  held  in  accordance  with  the  general 
election  laws  of  the  State,  and  the  consent  of  the  ma- 
jority of  the  voters  voting  at  such  election  assent 
to  such  sale,  lease,  or  disposition. 

Sec.  32.  JBe  it  further  enacted,  That  the  Mayor  or  ^^^^^^  ^^ 
any  Commissioner  elected  by  the  people  under  the   officials. 
terms  and  provisions  of  this  Act  may  be  removed 
from  such  office  by  the  qualified  voters  of  the  city 
in  the  following  manner — to  wit : 

A  petition,  signed  by  duly  qualified  registered  vot- 
ers entitled  to  vote  for  a  successor  to  the  incumbent 
sought  to  be  removed,  equal  in  number  to  at  least 
twenty-five  per  cent  (25%)  of  the  entire  vote  for  all 
candidates  for  the  office  of  Mayor  cast  at  the  last 
preceding  general  city  election,  demanding  the  elec- 
tion of  a  successor  of  the  person  sought  to  be  re- 
moved, shall  be  filed  with  the  Chairman  of  the  Coun- 
ty Board  of  Election  Commissioners,  and  this  peti- 
tion shall  contain  a  statement  of  the  grounds  on 
which  the  removal  is  sought.  The  signatures  to  the 
petition  need  not  be  all  appended  to  one  paper,  but 
each  signer  shall  add  to  his  signature  his  place  of 


—28— 

residence,  ^iviiii*'  the  street  and  number.  Five  (5) 
of  the  signers  of  each  such  petition  shall  make  oath 
before  an  officer  competent  to  take  oaths  that  the 
statements  made  therein  are  true,  as  he  believes,  and 
that  each  signature  to  the  paper  appended  is  the 
genuine  signature  of  the  person  whose  name  it  pur- 
ports to  be. 

When  the  petition  has  been  prepared  as  herein- 
above provided,  it  shall  be  the  duty  of  the  parties 
preparing  the  same  to  file  it  with  the  Chairman  of 
the  County  Board  of  Election  Commissioners;  and 
it  shall  be  the  duty  of  said  Board  forthwith  to  exam- 
ine the  petition  and  ascertain  from  the  voters  reg- 
istered in  said  city  whether  or  not  the  petition  is 
signed  by  the  requisite  number  of  qualified  voters  as 
hereinl)efore  i)rovided.  The  petition  shall  remain 
on  file  at  the  office  of  the  Chairman  of  the  County 
Board  of  Election  Commissioners,  and  any  citizen 
may  procure  a  copy  thereof  on  paying  the  expense 
necessary  to  preparing  the  same;  and,  within  thirty 
days  from  the  date  of  the  filing  of  such  petition,  any 
citizen  may  appear  before  the  Board  of  Election 
Commissioners  and  show  by  competent  evidence  that 
the  names  of  parties  signing  the  petition  should  be 
stricken  therefrom  on  the  ground  that  they  are  not 
duly  qualified  and  registered  voters  of  said  city. 
After  the  lapse  of  thirty  days  from  the  filing  of  said 
petition,  the  Board  of  Election  Commissioners  of 
said  county  shall  attach  to  said  petition  their  certifi- 
cate showing  the  result  of  said  examination.  In  the 
event  the  petition  shall  be  deemed  sufficient  by  said 
Board  of  Election  Commissioners,  it  shall  be  its  dut}^ 
to  fix  a  date  for  holding  said  election,  not  less  than 
thirty  (30)  days  nor  more  than  ninety  (90)  days 
from  the  date  of  the  certificate  of  the  County  Board 
of  Election  Commissioners  that  a  sufficient  petition 
is  filed. 

If  by  the  certificate  of  the  County  Board  of  Elec- 
tion Commissioners  the  petition  is  shown  to  be  in- 
sufficient, it  may  be  amended  within  ten  (10)  days 
from  the  date  of  said  certificate;  and  the  Board  of 
Election  Commissioners  shall,  within  ten  (10)  days 
after  such  amendment,  make  like  examination  of  the- 
amended  petition;  and  if  the  certificate  of  the  Board 


—29— 

shall  show  the  same  to  be  insufficient,  it  shall  he  re- 
turned to  the  person  filing  the  same,  without  preju- 
dice, however,  to  the  filing  of  a  new  petition  to  the 
same  effect. 

In  the  event  a  sufficient  petition  is  filed  as  herein 
provided  for,  the  County  Board  of  Election  Com- 
missioners shall  give  notice  and  make  all  arrange- 
ments for  holding  such  election;  and  the  same  shall 
be  conducted,  returned,  and  the  result  thereof  de 
clared,  as  provided  by  law  in  the  case  of  a  general 
city  election.  The  provisions  of  the  general  election 
laws  applicable  to  the  holding  of  a  general  city  elec- 
tion in  said  city  shall  in  all  things  be  applicable  to 
the  holding  of  recall  elections  as  herein  provided. 

The  successor  of  any  officer  removed  from  office 
shall  hold  office  during  the  unexpired  term  of  his 
predecessor,  and  any  person  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself;  and  unless 
he  in  writing  otherwise  request,  it  shall  be  the  duty 
of  the  officials  holding  the  election  to  place  his  name 
on  the  official  ballot  without  nomination. 

In  any  such  removal  election  the  candidate  receiv- 
ing the  highest  number  of  votes  for  that  office  shall 
be  declared  elected ;  and  if  at  such  election  some  oth- 
er person  other  than  the  incumbent  receive  the  high- 
est number  of  votes,  the  incumbent  shall  thereupon 
be  deemed  removed  from  the  office  upon  the  quali- 
fication of  his  successor. 

In  case  the  party  who  receives  the  highest  num- 
ber of  votes  should  fail  to  qualify  within  ten  (10) 
days  after  receiving  notification  of  election,  the  office 
shall  be  deemed  vacant;  but  if  the  incumbent  re- 
ceives the  highest  number  of  votes  in  such  election, 
he  shall  continue  in  office. 

This  method  of  removal  shall  be  cumulative  and 
additional  to  the  methods  that  are  now  or  may  here- 
after be  prescribed  by  law  for  the  malfeasance,  mis- 
feasance, or  nonfeasance  of  public  officers. 

No  official  required  by  this  Act  to  be  elected  by  the 
people  shall  have  any  petition  filed  against  him  with- 
in a  period  of  six  (6)  months  from  the  date  when 
he  is  inducted  into  office;  and  if  the  provisions  of 
this  Act  are  invoked  against  any  official  and  the  ma- 
jority of  the  voters  in  the  removal  election  voting  on 


—30— 

said  question  vote  to  retain  said  official  in  office,  such 
official  shall  not  as^ain  be  subject  to  removal  under 
the  provisions  of  this  Act  until  after  the  expiration 
of  twelve  (12)  months  from  the  date  of  the  aforesaid 
removal  election. 

City  Court.  ^^Ec.  33.  Be  it  further  enacted,  That  there  shall  be 

a  Judge  of  the  City  Court,  who  shall  be  nominated 
at  the  primary  election  and  elected  at  the  general 
election  as  provided  in  this  Act,  and  his  term  of  of- 
fice shall  be  four  years  from  the  date  of  his  election. 
Said  .Judge  shall  be  a  qualified  voter  of  the  terri- 

judge-quaiifi- tory  embraced  within  the  corporate  limits  of  said 
cations.  ^^y  jpQj.  ^^  least  five  (5)  years  immediately  prior  to 
his  appointment,  and  shall  not  be  less  than  thirty 
(30)  years  of  age  at  the  time  thereof.  Before  en- 
tering upon  the  execution  of  the  duties  of  his  office 
he  shall  take  and  subscribe  to  the  following  oath: 

"I  do  solemnly  swear  that  I  will  support  the  Con- 
stitution of  the  United  States  and  of  the  State  of 
Tennessee,  and  that  I  will  faithfully  and  impartially 
perform  the  duties  of  my  office  without  fear  or  fa- 
vor.   So  help  me  God." 

cit  Court-  ^^^^  Judge  of  the  City  Court  shall  have  the  power 
jurisdiction,  and  exercise  the  functions  of  and  have  concurrent  ju- 
powers.  risdiction  with  Justices  of  the  Peace.  He  shall  have 
the  exclusive  power  to  impose  fines  for  the  breach  of 
any  city  ordinance  and  to  pardon  and  release  per- 
sons convicted  b}'^  him  under  city  ordinances.  In  case 
of  his  absence  or  inability,  or  of  any  vacancy  existing 
in  his  office  for  any  reason  whatsoever,  any  Justice 
of  the  Peace  of  said  coimty  may  hold  said  court, 
which  shall  hereafter  be  known  by  the  name  of  the 
"City  Court,"  and  all  process  shall  be  issued  in  the 
name  of  the  State  of  Tennessee. 

The  Judge  of  the  City  Court  shall  have  power  to 
issue  subpoenas  to  compel  the  attendance  of  wit- 
nesses; and  in  the  event  any  witness  so  subpoenaed 
shall  fail  to  attend,  the  said  Judge  of  the  City  Court 
may  compel  his  attendance  by  attachment.  All  such 
subpoenas  shall  be  attested  by  the  Clerk  of  the  City 
Court,  and  may  be  served  by  any  police  officer  of  said 
city.  Said  Judge  of  the  City  Court  shall  haVe  pow- 
er to  appoint  his  Clerk,  who  shall  hold  his  office  at 
the  pleasure  of  said  Judge.    The  Judge  of  the  City 


— oL — 

Court  shall  have  power  to  punish  any  person  for 
any  contempt  committed  in  the  presence  of  the  conrt; 
but  in  no  such  case  shall  the  punishment  exceed  the 
imposition  of  a  tine  of  fift}^  dollars  ($50),  in  default 
of  the  payment  of  which  fine  the  party  guilty  of  any 
such  contempt  may  be  imprisoned  by  the  Judge  of 
the  City  Court  for  a  period  not  exceeding  ten  (10) 
days.  The  Judge  of  the  City  Court  is  hereby  au- 
thorized and  empowered  to  promulgate  rules  and 
regulations  for  the  government  of  the  City  Court,  to 
fix  the  times  at  which  said  court  shall  meet,  and  pre- 
scribe the  sessions  at  which  all  persons  within  the 
jurisdiction  of  said  court  are  to  have  their  cases  set 
for  trial. 

No  appeal  shall  be  from  the  judgment  of  the  City  Appeals  ou 
Court  rendered  in  the  exercise  of  the  jurisdiction  of  ovefTio"* 
that  court  over  all  violations  of  municipal  ordi- 
nances, unless  the  judgment  be  for  a  fine  of  more 
than  ten  dollars  ($10)  and  costs;  but  in  all  such 
cases  as  are  herein  specified  the  judgment  of  said 
court  shall  be  final  and  conclusive. 

Sec.  34.  Be  it  further  enacted,  That  it  shall  be  the  cvn  service 
duty  of  said  Board  of  Commissioners  of  said  city  to    ruies-board. 
make  rules  and  regulations  for  the  government  of  the 
Police,    Fire,    Waterworks,    and   Lighting    Depart- 
ments of  said  cit}^  which  are  hereby  placed  under 
civil  service  rules.    The  said  Board  shall  punish  by 
dismissal  from  office  or  otherwise  any  official  or  em- 
ployee placed  under  civil  service  by  this  Act,  except 
common  laborers,  for  any  otfense  committed  by  them. 
No  official  or  employee  placed  under  civil  service  by 
this  Act,  except  common  laborers,  shall  be  punished 
except  after  a  trial  and  conviction  by  said  Board  of 
Commissioners  upon  a  written  charge  or  charges,  chareesm 
and  a  copy  of  said  charges  shall  be  furnished  the    '""""s- 
accused  at  least  five  (5)  days  prior  to  such  trial  or 
hearing.     Said  charge  or  charges  shall  plainly  and 
specifically  set  forth  the  offense  or  oifenses  charged, 
and  shall  he  recorded  by  said  Board  in  a  journal  kept 
for  that  purpose.    No  such  official  or  employee  shall 
be  tried  or  punished  for  a  political  or  religious  be- roiuicai  or 
lief  or  practice.     For  the  purpose  of  investigating    affiiS^ns. 
the  conduct  of  any  such  official  or  employee,  said 
Board  shall  have  the  power  to  administer  oaths  and 


—32— 

affinnations,  to  issue  siibpamas  compellin*^  the  at- 
tendance of  witnesses,  the  production  of  books,  pa- 
pers, and  otlier  documentary  evidence,  and  to  pun- 
ish by  co?itcin])t  proceed in.i^s  any  person  failin,i;-  or  re- 
fusing to  answer  or  ol)ey  said  summons  or  to  give 
or  produce  testimony  ])efore  said  Board  of  Com- 
missioners. Said  Board  shall  have  the  power  to  fine 
and  imprison  all  persons  guilty  of  such  contempt. 
All  punishments  inflicted  by  said  Board  shall  be  en- 
tered in  a  journal  kept  for  that  purpose;  and  in  the 
event  any  such  official  or  employee  shall  be  dismissed 
I'rom  office  or  reduced  in  rank,  the  Board  of  Commis- 
sioners shall  thereupon  appoint  some  other  suitable 
person  to  fill  said  vacancies. 

Quorum.  Tlircc  mcmbcrs  of  the  Board  shall  constitute  a  quo- 

rum for  the  transaction  of  all  business,  but  three 
votes  shall  be  required  to  exercise  the  powers  here- 
in vested  in  said  Board. 

Journal  kept.  Tlic  clcrk  of  tlic  Board  shall,  in  a  book  especially 
prepared  for  that  purpose,  keep  the  minutes  of  said 
Board  when  acting  under  this  section,  and  therein 
note  all  of  its  proceedings  in  an  orderly  manner. 

Examinations.  Said  Board  of  Commissioners  shall,  on  the  first 
Monday  in  April  and  October  of  each  year,  or  oftener 
if  it  shall  be  deemed  necessary,  under  such  rules  and 
regulations  as  may  be  prescribed  by  it,  hold  exami- 
nations for  the  purpose  of  determining  the  qualifi- 
cations of  applicants  for  positions  under  the  civil 
service,  which  examinations  shall  be  practical,  and 
shall  thoroughly  test  the  fitness  of  the  persons  ex- 
amined to  discharge  the  duties  of  the  positions  to 
which  they  seek  to  be  appointed.  As  soon  as  possi- 
ble after  such  examination  or  examinations,  the 
Board  shall  certify  to  its  clerk  double  the  number  of 
persons  necessary  to  fill  vacancies  who,  according 
to  its  records,  have  the  highest  standing  for  the  po- 
sitions they  seek  to  fill  as  a  result  of  such  examina- 
tions, and  all  vacancies  which  occur  that  come  un- 
der the  civil  service  rules  prior  to  the  date  of  the 
next  regular  examination  shall  be  filled  from  said  list 
so  certified  by  the  Board;  provided,  however,  that 
should  any  list  for  any  cause  be  reduced  to  less  than 
three  (3)  for  any  division  of  the  civil  service,  then 
the  Board,  or  the  Commissioner  in  charge  of  the  par- 


Meetings. 


—33— 

ticular  department,  may  temporarily  fill  such  va- 
cancy, but  not  to  exceed  thirty  (30)  days;  provided, 
further,  that  the  Chief  of  the  Police  Department,  the 
Chief  of  the  Fire  Department,  the  Superintendent  of 
the  Waterworks  Department,  and  the  Superintend- 
ent of  the  Lightina^  Department  of  said  city  may  per- 
emptorily suspend  for  not  to  exceed  thirty  (30)  days 
any  subordinate  or  employee  then  under  his  direc- 
tion for  neglect  of  duty  or  disobedience  of  his  or- 
ders, but  shall,  within  twenty-four  (24)  hours  there- 
after, report  in  writing  such  suspension  and  the  rea- 
son thereof  to  the  Commissioner  in  charge  of  his 
department,  who  shall  thereupon  confirm  or  revoke 
such  suspension  according  to  the  facts.  Such  sus- 
pended employee,  or  the  Chief  or  Superintendent 
suspending  him  may,  within  five  (5)  days  of  such 
ruling,  appeal  therefrom  to  the  Board  of  Commis- 
sioners, who  shall  fully  hear  and  determine  the  mat- 
ter, and  their  conclusions  in  the  premises  shall  be 
final;  provided,  hoiuev-er,  that  the  duty  and  author- 
ity above  conferred  on  the  Board  of  Commissioners,  mciudes 
with  reference  to  the  Police,  Fire,  Waterworks,  and  ""  °"' 
Lighting  Departments  of  said  city,  be,  and  the  same 
is  hereby,  extended  so  as  to  include  and  embrace 
the  office  of  Secretary  of  the  Board  of  Commission- 
ers, the  office  of  Superintendent  of  the  Scavenger 
Department,  the  office  of  Superintendent  of  the 
Street  Department,  the  office  of  Superintendent  of  the 
Steward  Department  of  the  City  Hospital,  the  office 
of  Superintendent  of  the  Sprinkling  Department  and 
Keeper  of  the  Workhouse,  the  office  of  the  City  En- 
gineer, the  office  of  Inspector  of  Marketing,  the  City 
Prescriptionist  and  Assistant  City  Prescriptionist, 
and  the  City  Health  Officer;  and  that  said  officers  be 
placed  under  the  supervision  of  said  Board  of  Com- 
missioners as  to  punishment  and  discharge  for  cause ; 
that  none  of  said  officers  shall  be  punished  or  dis- 
missed from  office,  except  after  a  trial  and  convic- 
tion by  said  Board  of  Commissioners  in  the  form  and 
manner  and  under  the  method  of  procedure  above 
provided ;  and  that  any  and  all  dismissals  from  office 
or  reduction  in  rank  shall  be  filled  by  the  Board  of 
Commissioners,  who  shall  thereupon  appoint  some 
other  suitable  persons  to  fill  said  vacancies. 


—34- 


Inquisitorial 
powers. 


Metropolitan 
police. 


Said  Board  of  Commissioners  shall  have  inquisito- 
rial powers  over  all  of  the  officials  and  employees 
hereby  placed  under  civil  service  rules  and  regula- 
tions, and  may  prefer  charges  against  them  of  their 
o^vn  motion. 

Sec.  35.    Be  it  further  enacted,  That  the  police 
force  of  said  city  shall  be  known  and  designated  as 
the  ** Metropolitan  Police."    It  is  hereby  made  the 
duty  of  the  metropolitan  police  force,  at  all  times 
of  the  day  and  night,  and  the  members  thereof  are 
accordingly  herel^y  thereunto  appointed,  to  especial- 
ly preserve  the  public  peace,  prevent  crime,  detect 
and   arrest   offenders,   suppress   riots,   protect   the 
rights  of  persons  and  property,  guard  the  public 
health,  preserve  order  at  elections,  see  that  nuis- 
ances are  removed,  and  restrain  disorderly  houses, 
houses  of  ill  fame,  and  gambling  houses;  to  assist, 
advise,  and  protect  strangers  and  travelers  in  the 
public  streets,  at  steamboat  landings,  or  at  railroad 
stations;  to  enforce  every  law  of  the  State  and  or- 
dinance of  the  city  relating  to  the  suppression  and 
punishment  of  crime,  or  to  the  public  health,  or  to  dis- 
orderly persons.     The  members  of  the  police  force 
shall  have  power  and  authority  to  immediately  ar- 
rest without  warrant  and  take  into  custody  any  per- 
son "who  shall  commit,  threaten,  or  attempt  to  com- 
mit, in  the  presence  of  such  officer  or  within  his  view, 
any  breach  of  the  peace  or  offense  directly  prohib- 
ited by  Act  of  the  Legislature  or  by  any  ordinance 
of  the  city;  but  such  member  of  the  police  force  shall, 
immediately  and  without  delay,  upon  such  arrest, 
convey  in  person  such  offender  before  the  proper 
officers,  that  he  may  be  dealt  with  according  to  law ; 
and  the  officer  making  such  arrest  shall  at  once,  with- 
out delay,  report  the  arrest  and  the  alleged  cause  to 
his  superior  officer.    Every  person  committed  to  the 
workhouse  shall  be  required  to  work  for  the  city  at 
such  labor  as  his  health  and  strength  "will  permit,  not 
exceeding  ten   (10)   hours  each  day;  and  for  such 
work  and  labor  the  person  so  employed  shall  be  al- 
lowed, exclusive  of  his  board,  credit  upon  such  fine 
and  costs  at  the  amount  of  seventy-five  cents  per  day 
until  the  whole  is  discharged,  -when  he  shall  be  re- 
leased.   No  person  shall  be  imprisoned  in  the  -work- 


—35— 

house  or  compelled  to  work  longer  than  three  (3) 
months  for  any  one  offense. 

The  metropolitan  police  force  of  said  city  shall 
possess  all  the  common  law  and  statutory  powers  of 
constables,  except  for  the  service  of  civil  process; 
and  every  warrant  for  search  or  arrest  by  the  Judge 
of  the  City  Court  may  be  executed  by  any  member 
of  the  metropolitan  police  force.  One  of  the  mem- 
bers of  the  metropolitan  police  force  of  said  city 
serving  as  a  sanitary  inspector  shall  be  designated 
as  the  "Sanitary  Disinf ector, "  whose  compensation  sanitary 
shall  be  fixed  by  said  Board  of  Commissioners.  The  ^'""^  ^''^°'^' 
said  Sanitary  Disinf  ector  shall  continue  to  be  a  mem- 
ber of  the  metropolitan  police  force,  shall  be  ap- 
pointed as  other  sanitary  inspectors  are  appointed, 
and  shall  be  governed  by  the  same  rules  and  regu- 
lations as  govern  other  sanitary  inspectors  serving 
in  the  Health  Departm^ent  of  said  city. 

Sec.  36.  Be  it  further  enacted,  That  all  property ^ — Assessments 
real,  personal,  and  mixed — which  is  subject  to  State   p°oplrt^yr 
taxes  shall  be  assessed  and  listed  for  taxation  in  the   privileges. 
name  of  the  owner  or  reputed  owners  alphabetically 
for  the  entire  city.     The  assessment  shall  be  made 
under  the  laws  for  which  such  property  is  assessed 
for  State  and  county  purposes,  except  as  herein  mod- 
ified, by  the  Commissioner  of  Finance,  Lights,  and  commissioner 
Market  House,  or  by  a  subordinate  official  to  be  nom-  Tax  AsseTsor. 
inated  by  any  of  said  Commissioners  and  confirmed 
by  the  Board  of  Commissioners.    The  official  assess- 
ing property  for  city  taxes  shall  have  the  same  pow- 
ers as  are  conferred  by  law  upon  assessors  of  State 
and  county  taxes.     The  Board   of   Commissioners 
of  said  city  is  empowered  to  provide  by  ordinances 
for  correction  of  erroneous  assessments  and  for  any  ^irroneous 
defects  in  the  assessments ;  and  said  Board  shall  have   assessments. 
the  power  to  grant  reductions  of  assessments,  but 
not  for  a  longer  term  than  three  (3)  years  prior  to 
the  application  for  reduction.    Privilege  taxes  vshall 
be  assessed  and  collected  as  may  be  provided  by  city 
ordinance,  but  no  tax  shall  be  laid  or  collected  on 
any  privilege  which  is  not  declared  to  be  taxable  by 
the  laws  of  the  State,  and  the  tax  so  collected  shall 
not  be  higher  than  that  provided  for  by  the  laws  of 
the  State.     Taxes  on  property  and  privileges  shall 


•    —SB- 
become  due  and  payable  to  such  officers  and  at  such 
times  as  the  Board  of  Commissioners  may  by  ordi- 
nance designate.    In  order  to  enforce  collections  of 

Collection.  taxes  on  property  or  privileges  when  due,  the  Board 
of  Commissioners  is  hereby  empowered  by  ordinance 
to  affix  a  penalty  to  be  paid  by  the  taxpayer  in  addi- 
tion to  the  legal  rate  of  interest  for  the  nonpayment 

Interest.  of  such  taxcs  when  due,  such  penalty  not  to  be  great- 
er than  six  per  cent  (6%)  on  the  amount  due  by  said 
taxpayer   and  to  be  paid  into  the  city  treasury  as 

"""Jf'Sncr  other  city  taxes  are.  The  Commissioner  of  Finance, 
Taxcouec-  j^jgh^s,  aud  Market  House,  or  those  officials  nomi- 
nated by  said  Commissioner  and  approved  by  the 
Board  of  Commissioners  to  collect  taxes  on  property 
and  privileges  in  said  city,  shall  have  power  to  issue 
distress  warrants  and  alias  and  pluries  distress  war- 
Distress  rants  in  the  name  of  the  State  of  Tennessee  to  en- 
warrants.  ^^^.^q  collectious  of  tlie  Same ;  and  such  warrants, 
when  issued,  may  be  executed  by  the  Sheriff,  Deputy 
Sheriff,  or  a  Constable  of  the  county  in  which  said 
city  is  located.  For  each  return  of  nulla  bona  on 
said  warrant  there  shall  be  a  fee  of  twenty-five  (25) 
cents,  to  be  taxed  in  the  costs;  and  for  each  collec- 
tion made  under  such  warrant  there  shall  be  the 
same  fees  as  for  collecting  under  execution  at  law, 
which   shall   be   paid  by   the   delinquent  taxpayer. 

Omitted  assess- Omitted  taxcs  on  property  and  privileges  may  be 
™*"'*-  assessed  by  the  Commissioner  of  Finance,  Lights, 
and  Market  House,  or  the  official  designated  by  him 
for  that  purpose,  and  approved  by  the  Board  of  Com- 
missioners, for  a  period  running  back  not  longer 
than  three  (3)  years,  including  the  current  year. 
Assessed  taxes  on  realty  shall  be  and  remain  a  lien 
on  the  property  until  the  same  are  paid;  and  such 
lien  may,  after  return  of  nulla  bona,  be  enforced  as 
other  liens.  Collectors  shall  not  make  sales  of  realty 
and  certify  the  same  to  the  Circuit  Court,  but  unpaid 
taxes,  after  a  return  of  nulla  bona,  shall  be  collected 

Taxes  collected  either  by  a  suit  at  law  or  in  equity.  Compensation 
chanfeo-  ^ud  bouds  of  asscssors  and  collectors  shall  be  regu- 
^''"'■'         lated  by  city  ordinance. 

Health  S^^-  2^-  ^^  ^^  further  enacted,  That  there  is  here- 

Department.  jgy  created  aud  established  a  subordinate  department, 

to  be  known  as  the  "Health  Department,"  to  be  un- 


—37— 

der  the  supervision  and  control  of  the  Department 
of  Public  Affairs,  Police,  and  Health,  as  hereinbe- 
fore created.  The  City  Health  Officer  shall  be  nom- 
inated by  the  Mayor  and  confirmed  by  the  Board  of 
Commissioners.  The  City  Health  Officer  shall  be  a 
physician  of  good  repute,  and  shall  have  at  least  ten 
(10)  years'  experience  as  a  physician,  and  shall  de- 
vote his  entire  time  to  the  duties  of  the  office.  The 
Commissioner  of  Public  Affairs,  Police,  and  Health 
is  authorized  and  empowered  to  make  the  rules  and 
regulations  for  said  Health  Department,  or  to  au- 
thorize the  City  Health  Officer  to  make  such  rules 
and  regulations ;  but  before  becoming  effective  in  ei- 
ther event,  they  shall  be  submitted  to  and  approved 
by  the  Board  of  Commissioners  by  ordinance. 

Sec.  38.  Be  it  further  enacted,  That  there  shall  be 
a  Board  of  Education,  composed  of  nine  (9)  mem-^Ed'^''^ 


ucation- 
duties. 


bers,  who  shall  have  been  bona  fide  residents  of  the 
territory  embraced  within  the  corporate  limits  of 
said  city  at  least  five  (5)  years  immediately  preced- 
ing their  appointment,  and  who  shall  not  be  less  than 
thirty  (30)  years  of  age,  and  who  shall  serve  with- 
out compensation.  The  members  of  the  Board  of 
Education  may  be  nominated  by  any  member  of  the 
Board  of  Commissioners,  but  no  person  shall  be 
elected  to  said  Board  unless  he  receive  a  majority 
vote  of  the  whole  number  of  the  Board  of  Commis- 
sioners. Said  members  of  the  Board  of  Education 
shall  hold  office  until  their  successors  are  elected 
and  qualified;  and  before  entering  on  the  duties  of 
his  office,  each  member  of  said  Board  shall  take  and 
subscribe  to  the  following  oath: 

"I  do  solemnly  swear  that  I  will  support  the  Con- oath, 
stitution  of  the  United  States  and  of  the  State  of 
Tennessee,  and  that  I  will  faithfully  and  impartially 
discharge  the  duties  of  this  office,  and  that  the  only 
considerations  that  shall  influence  me  in  the  selec- 
tion of  teachers  and  other  employees  of  the  depart- 
ment shall  be  their  fitness  for  the  position  and  the 
welfare  of  the  city ;  and  I  am  in  favor  of  the  public- 
school  system." 

The  Board  of  Education  shall  select  from  its  num-  Rules. 
ber  a  Chairman,  who  shall  preside  at  all  meetings  of 
said  Board,  and  five  (5)  members  of  said  Board  shall  "^eSd" 


M 


—38- 


Expenditures. 


School  rules. 


=tate  and 
county 
school  tax. 


Park  Com- 
missioners. 


Term — qualifi- 
cation. 


Election. 


constitute  a  quorimi  for  the  transaction  of  all  busi- 
ness. The  Board  of  Education  of  said  city  is  here- 
by authorized  and  empowered  to  adopt  rules  and  reg- 
ulations for  the  .i^'overnment  of  the  public  schools  of 
said  city,  including-  plans  of  instruction  and  organi- 
zation, the  power  to  employ  all  persons  necessary 
for  the  proper  conduct  of  the  public  schools,  and  to 
fix  their  salaries  and  compensation,  but  between  lim- 
its to  be  prescribed  by  ordinance  duly  enacted  by  the 
Board  of  Commissioners  of  said  city,  and  to  make  all 
expenditures  within  their  budget  that  shall  cost  less 
than  five  hundred  dollars  ($500)  for  any  single  ex- 
penditure; but  in  all  cases  when  the  estimated  cost 
of  any  single  expenditure,  except  salaries,  exceeds 
five  hundred  dollars  ($500),  it  shall  transmit  to  the 
Board  of  Commissioners  of  said  city,  with  its  recom- 
mendations, an  ordinance  to  authorize  such  expendi- 
tures, with  an  estimate  of  the  cost;  provided,  how- 
ever, that  all  rules  and  regulations  adopted  and  pro- 
mulgated by  said  Board  of  Education  for  the  govern- 
ment and  control  of  the  public  schools  of  said  city 
shall,  before  becoming  effective,  be  submitted  to  the 
Board  of  Commissioners  and  approved  by  that 
Board;  and  no  alteration  or  change  shall  be  made 
in  such  rules  and  regulations  after  approval  by  the 
Board  of  Commissioners,  unless  the  consent  of  that 
Board  is  first  had  and  obtained. 

The  share  of  the  State  and  county  school  fund  to 
which  the  citizens  of  said  city  is  entitled  shall  be  paid 
over  by  the  County  Trustee  to  the  said  Commissioner 
of  Finance,  Lights,  and  Market  House,  to  be  used 
for  the  public-school  system  of  said  city  and  for  no 
other  purpose. 

Sec.  39.  Be  it  further  enacted: 

1.  That  there  shall  be  a  Board  of  Park  Commis- 
sioners of  the  city  of  Nashville,  composed  of  five 
members,  who  shall  have  been  bona  fide  residents 
and  citizens  of  said  city  for  at  least  five  years  prior 
to  their  becoming  members  of  said  Board;  and  the 
term  of  office  of  each  of  the  five  members  of  said 
Board  shall  be  five  years  from  the  first  day  of  May 
of  the  year  he  becomes  a  member  of  said  Board,  or 
until  his  successor  shall  have  been  selected  and  qual- 
ified ;  and  upon  a  vacancy  by  resignation,  death,  ex- 


—39— 

piration  of  the  term  of  office,  or  otherwise,  of  any 
member  of  said  Board,  his  successor  shall  be  se- 
lected b}^  the  remaining  members  of  said  Board  of 
Park  Commissioners,  subject  to  the  approval  of  a 
majority  of  the  Board  of  Commissioners  of  said  city; 
provided,  this  Act  shall  in  no  wise  be  construed  as 
changing  or  interfering  in  any  manner  with  the  term 
of  office,  status,  or  personnel  of  the  present  mem- 
bers of  the  Board  of  Park  Commissioners  of  said 
city,  who,  until  the  expiration  of  their  present  terms, 
or  until  vacanc.y  otherwise  earlier  occurring,  shall 
continue,  according  to  their  present  terms  and  status, 
to  act  as  members  of  the  Board  of  Park  Commission- 
ers of  said  city  under  the  provisions  of  this  Act. 

2.  The  members  of  said  Board  shall  devote  such 
time  and  attention  to  the  duties  of  their  office  as  the  pentluo"' 
efficient  performance  thereof  may  demand  and  re- 
quire, and  their  services  shall  be  without  compensa- 
tion. Each  member  appointed  or  selected  to  serve 
upon  said  Board,  before  proceeding  upon  the  duties 
of  his  office,  shall  qualify  by  taking  and  subscribing 
the  following  oath : 

"I  do  solemnly  swear  that  I  will  support  the  Con-^^^j^ 
stitution  of  the  United  States  and  the  Constitution 
of  the  State  of  Tennessee,  and  will  faithfully  and 
impartially  perform  and  discharge  the  duties  of  this 
office. ' ' 

And,  in  addition  thereto,  shall  execute  a  bond,  pay-  ^^^^^  p^^^ 
able  to  the  city  of  Nashville,  in  the  sum  of  ten  thou-  commission- 
sand  dollars  ($10,000),  conditioned  that  he  will  faith- 
fully perform  all  duties  incumbent  upon  him  as  a 
member  of  said  Board,  which  bond  shall  be  approved 
by  and  deposited  with  the  Board  of  Commissioners 
of  said  city.  The  members  of  said  Board  of  Park 
Commissioners  shall,  immediately  upon  their  ap- 
pointment and  qualification,  as  above  provided,  or- 
ganize by  selecting  one  of  their  number  as  Chair- 
man, and  by  the  election  of  a  Secretary,  who  need 
not  be  a  member  of  the  Board.  The  term  of  office 
of  the  Chairman  and  Secretary  shall  each  be  one 
year,  but  they  may  be  reelected  to  any  number  of 
successive  terms.  The  salary  of  the  Secretary  shall 
be  fixed  by  said  Board  of  Park  Commissioners,  and 
his  duties  shall  be  prescribed  by  said  Board. 


I'roperty-how  '^-  '^^^^^t  whenever^  in  the  opinion  of  said  Board  of 
bought.  Park  Oommissione;'s,  property  within/or  near  said 
city  sliall  be  need'ed  for  any  park  ypurposes,  said 
Board  may  acqim'e  the  same  by  pm'chase,  or  may 
proceed  to  condemn  the  same;  and  the  proceedings 
for  such  condemnation  shall  be  under  the  provisions 
of,  and  as  prescribed  by,  Sections  1326  to  1348,  m^\/f^.' 
IV     (\  elusive,  of  the  Code  of  Tennessee,  the  same  being        ^ 

r\^\j         y  Sections  1844  to  18G7,  inclusive,  of  Shannon's  Com- 

W         iX  pilation  of  the  Laws  of  Tennessee.    The  said  Board 

rj  shall  be  authorized  to  establish  one  or  more  parks 

\  in    such    locality    or    localities    as    they    deem    in 

their  discretion  best  for  the  interest  of  said  city. 
The  title  to  all  property  acquired  for  park  pur- 
poses by  gift,  devise,  or  condemnation  shall  rest 
in  the  City  of  Nashville;  but  the  legal  title  to  all 

Title  property  acquired  by  said  Board  of  Park  Commis- 

sioners by  purchase  shall  be  taken  in  the  name  of 
the  Chairman  of  said  Board  of  Park  Commissioners 
as  trustee  until  fulh^  paid  for;  and  the  City  of  Nash- 
ville shall  in  no  wise  be  responsible  for  anj^  portion 
of  the  purchase  money  agreed  to  be  paid  therefor, 
except  it  agree  by  ordinance,  duly  enacted  by  the 
Board  of  Conunissioners  of  said  city,  to  purchase 
said  lands,  whereupon  said  trustee  shall  immedi- 
ately convey  the  same  to  the  City  of  Nashville.  Said 
Board  of  Park  Commissioners  shall  have  full  power 
and  authority  to  purchase  any  land  deemed  by  them 
suitable  for  park  purposes,  and  to  execute  notes  or 
bonds  therefor,  with  interest  payable  annually  or 
semiannuall}^  maturing  at  such  time  as  may  be 
agreed  upon,  signed  by  the  Chairman  and  Secretary 
of  said  Board,  and  to  secure  the  purchase  money 
due  for  the  same  by  mortgage  or  vendor's  lien  upon 
the  property  purchased,  and  may  sell  any  portion 
thereof  not  needed  for  park  purposes  by  direction 
of  a  majority  of  said  Board  of  Park  Commissioners, 
and  apply  the  proceeds  of  any  property  so  sold  to 

Vendors  lien,  tlie  payment  of  the  mortgage  or  vendor's  lien  given 
to  secure  the  purchase  money  for  the  whole  until  said 
mortgage  or  lien  shall  be  fully  satisfied,  whereupon 
any  of  said  property  remaining  unsold  shall  imme- 
diately be  conveyed  by  said  trustees  to  the  said  City 
of  Nashville. 


4.  That  said  Board  of  Park  Commissioners,  con- control. 
stituted  as  aforesaid,  shall  have  the  care,  manage- 
ment, and  custody  of  all  parks  and  grounds  used 

for  park  purposes,  and  all  such  property  as  may 
hereafter  be  acquired  for  park  purposes  by  said 
Board  of  Park  Commissioners.  The  said  Board  of 
Park  Commissioners  shall  have  power  to  receive 
gifts,  donations,  or  devises  of  land,  or  may  accept 
other  property  for  park  purposes;  to  lay  out  and 
improve  walks,  drives,  roads,  tree  planting,  and  oth- 
er improvements  to  park  or  parks,  and  to  enter  into 
all  contracts  for  the  same;  protect  all  property  and 
improvements  belonging  to  or  pertaining  to  said 
parks,  or  under  their  management  or  control,  from 
injury  or  decay  ^  to  adopt  rules  and  ordinances  reg-Ruies- 
ulating  the  reas6nable  and  proper  use  of,  preventing 
injury  to  and  misuse  of  all  parks,  walks,  walkways, 
and  park  property  generally ;  and  to  prevent  disorder 
and  improper  conduct  within  the  precincts  of  the 
park  or  inclosure,  and  providing  punishment  there- 
for, or  for  the  infraction  of  the  rules  adopted  by  said 
Board  of  Park  Commissioners ;  and  the  police  power  ^^^.^^ 
of  the  city  in  or  adjacent  to  which  the  said  park  or 
parks  may  be  situated  shall  extend  over  such  park 
property  or  properties  of  every  kind  as  the  same  is 
or  shall  be  acquired ;  and  all  violations  of  such  rules 
and  ordinances  adopted  by  said  Board  of  Park  Com- 
missioners, and  all  other  misdemeanors  and  offenses 
committed  within  any  park  property  or  precinct,  may 
be  punished  by  the  City  Court  of  said  city  upon  com- 
plaint and  proceedings  as  provided  by  law  in  cases 
of  misdemeanor  and  violations  of  city  ordinances. 
The  said  Board  of  Commissioners,  and  their  agents 
and  employees,  will  have  the  power  to  make  arrests 
for  misdemeanors  committed  within  any  park  pre- 
cinct or  any  violation  of  any  of  the  park  rules  or 
ordinances. 

5.  That  the  Board  of  Park  Commissioners  shall  pa^k 
have  exclusive  power  to  employ  and  pay  such  su-   employees. 
perintendents,  employees,  and  other  persons  as  it 

may  deem  necessary  for  maintaining,  improving,  and 
controlling  all  park  property;  and  it  shall  have  au- iH:xpenditures. 
thority  to  make  any  other  expenditures  for  park  pur- 
poses within  its  funds  and  its  powers  as  defined  here- 


42— 


Budget. 


Park  tax. 


■J-i' 


Accounts 
kept— by 
whom.' 


Vouchers. 


Park  funds. 


in.  Said  r>oard  of  Park  Commissioners  shall,  each 
year  prior  to  the  makinjf^  of  the  annual  levy  of  taxes 
by  the  Board  of  Commissioners  of  said  city,  prepare 
and  submit  to  the  Board  of  Commissioners  an  esti- 
mate of  the  amount  of  money  which  shall  be  required 
for  the  purchase,  maintenance,  and  improvement  of 
park  property  for  the  succeeding  year,  beginning 
January  first,  which  estimate  shall  set  forth  the  items 
of  expense  as  accurately  as  possible;  and  it  shall  b 
the  duty  of  the  Board  of  Commissioners  of  said  city, 
in  its  annual  levy  of  taxes,  to  make  such  special  levy 
for  park  purposes,  separate  and  distinct  from  its 
levy  for  ordinary  municipal  purposes,  of  a  tax  of 
not  less  than  ten  cents  on  the  one  hundred  dollars 
of  the  value  for  assessment  within  said  city  as  shall. 
be  necessarj^  to  meet  the  expenditures  contemplated 
in  said  estimate  of  the  Board  of  Park  Commission- 
ers; and  the  amount  so  levied  shall  be  collected  and 
carried  to  the  credit  of  the  Board  of  Park  Commis- 
sioners, and  shall  not  be  diverted  therefrom"^"  and  the 
same  shall  remain  a  separate  and  distinct  park  fund 
in  the  hands  of  the  Commissioner  of  Finance,  Lights, 
and  Market  House  of  said  city.  '''All  expenditures  on 
account  of  this  fund  shall  be  made  upon  vouchers  ap- 
proved by  the  Park  Commissioners  through  its 
Chairman  and  Secretary,  which  vouchers  shallsjvhen 
accompanied  by  detailed  statements  of  such  expen- 
ditures J  be  payable  on  presentation  at  the  revenue 
office  of  said  city.  All  funds  arising  from  any  source 
which  are  to  be  devoted  to  or  used  for  the  purchase, 
maintenance,  and  betterment  of  the  public  parks 
owned  or  controlled  by  said  city,  shall  be  paid  from 
time  to  time  to  the  Commissioner  of  Finance,  Lights, 
and  Market  House,  and  a  separate  account  thereof 
kept.  The  Park  Commission,  through  its  proper  offi- 
cials, shall  be  authorized  to  draw  from  time  to  time 
upon  said  funds ;  and  it  shall  be  the  duty  of  the  Com- 
missioner of  Finance,  Lights,  and  Market  House  to 
pay  such  checks  whenever  drawn,  so  long  as  there  is 
a  balance  to  the  credit  of  the  account  of  public  parks ; 
but  the  money  so  drawn  shall  be  used  to  purchase, 
repair,  improve,  and  maintain  the  public  parks  in 
and  near  the  city  of  Nashville  under  the  management 
of  said  Board  of  Park  Commissioners.         . 

"/-  '    .  N  .■  V,...,  ^f  hU' 


IT 


K 


/f ' ' 


\ 


A 


—43— 

6.  That  the  Board  of  Park  Commissioners  shall  Records- 
keep  accurate  records  and  books  of  account,  and  '^^p°'^'^ 
shall  make  a  report  to  the  Board  of  Commissioners 

of  said  city  during  the  month  of  December  of  each 
year,  showing  the  amounts  received,  from  what 
source,  how  expended,  with  such  explanations  and 
recommendations  as  may  be  deemed  to  the  best  in- 
terest of  the  public  parks.  ^y 

Books  of  account  of  said  Board  and  of  all  officers  B^oks  of  "^"^P^ 
thereof  shall  at  all  times  be  open  to  the  inspection   account.^^/^ 
and  examination  of  the  Board  of  Commissioners  of 
said  city  or  any  accountant  designated  by  the  Board 
of  Commissioners  of  said  city  to  make  the  examina- 
tion. 

7.  That  the  Board  of  Commissioners  of  said  city  special  pouce. 
may,  from  time  to  time,  upon  application  therefor, 
made  by  the  Board  of  Park  Commissioners,  provide 
by  ordinance  for  special  park  police,  the  same  to  be 
under  the  control  of  the  Board  of  Park  Commission- 
ers. 

8.  That  the  term  ''park  property"  as  used  in  this  park  property. 
Act  shall  include  all  parks  and  areas  of  land  within 
the  management  of  said  Board  of  Park  Commission- 
ers, and  all  buildings,  structures,  and  improvements 
thereon  of  every  kind  and  character  whatever. 

Sec.  40.  Be  it  further  enacted,  That  there  shall  be  Humane  com- 

TT  r^  '       •  1        i?    j5  /r\  tnissioners— 

a  Humane  Commission,  composed  ot  live  (5)  mem-    animals,  ju- 
bers,  who  shall  have  been  bona  fide  residents  and  cit-    "^'^'''^'°"- 
izens  of  said  city  at  least  five  (5)  j^ears  prior  to  their 
appointment,  and  who  shall  serve  without  compen- 
sation.   Members  of  the  Humane  Commission  may 
be  nominated  by  any  member  of  said  Board  of  Com- 
missioners, but  no  person  shall  be  qualified  to  act  as 
a  member  of  said  Humane  Commission  unless  elected 
by  a  majority  vote  of  said  Board  of  Commissioners.  Rules. 
Said  Humane  Commission  shall  have  power  and  au- 
thority to  make  all  rules  and  regulations  for  its  gov- 
ernment, and  to  adopt  bj-laws  to  fulfill  the  purpose 
of  its  existence;  but  all  such  rules,  regulations,  and 
by-laws  shall  not  be  effective  until  approved  by  the 
Board  of  Commissioners  of  said  city. 

It  shall  be  the  duty  of  said  Humane  Commission 

•  Duties 

diligently  and  vigilantly  to  observe  the  faithful  exe- 
cution of  all  ordinances,  by-laws,  and  measures  of 


officers. 


—44— 

said  city  enacted  by  the  Board  of  Coinmissioners  of 
said  city  or  by  said  Humane  Commission  for  the  pur- 
pose of  proliibitino-  and  restraining  and  punishing 

Mayor. sail-  the  cruel  aud  inliunian  treatment  of  children  and  an- 
ii.urityuvcr.  jjjj^ig.  ^^^  to  the  end  that  the  work  of  the  Plumane 
Commission  may  be  the  more  efficiently  accomplished, 
upon  request  of  the  chairman  of  said  Humane  Com- 
mission, it  shall  be  the  duty  of  said  Commissioner 
of  Public  Affairs,  Police,  and  Health  to  assign  for 
special  work,  under  the  control  and  direction  of  the 

Humane  Humaue  Comniissiou,  members  of  the  metropolitan 
police  force ;  or  said  Humane  Commission  may,  and 
it  is  hereby  authorized  to,  employ  such  number  of 
persons  as  it  may  deem  necessary  and  advisable  for 
the  purpose  of  enforcing  all  ordinances,  by-laws,  and 
measures  within  its  jurisdiction;  and  the  persons  so 
employed  by  said  Humane  Commission  shall  have 
all  the  powers  heretofore  conferred  by  this  Act  on 
members  of  the  metropolitan  police  force  of  said 
city.  Said  Humane  Commission  is  further  author- 
ized and  empowered  to  employ  such  number  of  per- 
sons as  it  may  deem  necessary  for  service  other  than 
police  services,  and  to  fix  the  compensation  of  its  po- 
lice and  other  employees,  but  between  limits  to  be 
approved  by  the  Board  of  Commissioners  of  said 
city. 

All  moneys  derived  from  fines  assessed  on  convic- 
tions for  violations  of  ordinances,  by-laws,  and  meas- 
ures enacted  and  intended  for  the  prevention  of  cruel 
and  inhuman  treatment  of  children  and  animals 
shall  be  paid  directly  to  the  Humane  Commission, 
and  shall  be  used  exclusively  for  the  purposes  of  said 
Commission.  All  property  acquired  by  said  Hu- 
mane Commission  by  gift,  devise,  or  otherwise,  shall 
remain  under  its  exclusive  .iurisdiction  and  control ; 
and  the  Board  of  Commissioners  of  said  city  is  here- 
by authorized  and  empowered  to  make  provision  in 
its  annual  levy  of  taxes  for  meeting  the  financial 
needs  of  said  Board,  and  raising  revenue  for  such 
purposes  is  hereby  declared  an  ordinary  purpose 
within  the  meaning  of  this  Act,  and  shall  be  so  con- 
sidered by  said  Board  of  Commissioners. 

No  money  shall  be  drawn  from  the  fund  herein 
provided  for  the  Humane  Commission,   except  on 


Property. 


Vouchers. 


—45— 

vouchers  drawn  on  said  fund  and  signed  by  the 
Chairman  of  said  Board  and  the  Secretary  thereof; 
and  all  expenditures  exceeding  five  hundred  dollars  Humane 
($500)  shall  cTnly  be  made  upon  an  ordinance,  signed  ^''^''"  ''"'^^''' 
by  the  chairman  of  said  Humane  Commission  and 
passed  by  the  Board  of  Commissioners  of  said  city 
in  the  manner  herein  provided  by  law  for  the  pass- 
age of  other  ordinances.  It  shall  be  the  duty  of  said  Reports. 
Humane  Commission  to  make  quarterly  reports  to 
the  Board  of  Commissioners  of  said  city,  which  shall 
contain  a  full  and  detailed  account  of  all  their  acts 
and  doings,  their  recommendations  for  the  enact- 
ment of  such  further  ordinances  as  will  further  and 
advance  the  purposes  for  which  said  Board  is  cre- 
ated, together  with  a  complete  and  itemized  account 
of  all  receipts  and  disbursements. 

Sec.  41.  Be  it  further  enacted,  That  in  said  city  Hospital  com- 
there  shall  be  a  Board  to  be  known  as  the  "Board  of  ^'ssioners. 
Hospital  Commissioners,"  said  Board  to  consist  of 
five  (5)  members,  who  shall  at  the  time  of  their  elec- 
tion have  been  citizens  of  the  territory  embraced 
within  the  corporate  limits  of  said  city  for  five  (5) 
years  prior  to  the  time  of  their  election. 

No  member  of  said  Board  shall  be  a  physician  or 
surgeon,  but  all  shall  be  nonmedical  men.  The  mem- 
bers of  the  Board  of  Hospital  Commissioners  may 
be  nominated  by  any  member  of  the  Board  of  Com- 
missioners of  said  city,  but  no  person  shall  qualify 
and  enter  upon  the  performance  of  his  duties  as  a 
member  of  the  Board  of  Hospital  Commissioners 
unless  elected  by  a  majority  vote  of  the  Board  of 
Commissioners  of  said  city. 

Before  entering  upon  the  performance  of  their  du- 
ties as  Hospital  Commissioners,  each  member  of  said 
Board  shall  take  and  subscribe  to  an  oath  that  he^^^^^ 
will  support  the  Constitution  of  the  United  States 
and  of  the  State  of  Tennessee,  and  will  faithfully 
strive  to  obey  and  carry  into  effect  the  duties  im- 
posed upon  him  by  law.  Each  member  of  said  Board  Bonds. 
shall  likewise  execute  a  bond,  in  such  sum  as  may  be 
prescribed  by  the  Board  of  Commissioners  of  said 
city,  that  he  will  faithfully  and  truly  perform  the 
duties  imposed  upon  him  by  law.  No  compensation 
shall  be  received  by  any  member  of  said  Board  of 


—46- 


Removed  for 
cause. 


Superintend- 
ent and 
employees. 

Salaries. 


Under  civil 
service. 


liospital  Commissioners  for  any  services  performed 
by  him  as  such  Commissioner;  and  each  member  of 
said  Board  shall  serve  during  ^ood  behavior,  and 
until  his  successor  is  elected  and  qualified  by  the 
Board  of  Commissioners  of  said  city.  The  present 
members  of  the  Board  of  Hospital  Commissioners 
shall  constitute  the  first  Board  of  Hospital  Commis- 
sioners, and  shall  serve  during  good  behavior,  and 
shall  be  removed  by  the  Board  of  Commissioners  of 
said  city  only  for  cause  after  due  notice  and  hearing. 
It  shall  be  the  duty  of  the  Board  of  Hospital  Com- 
missioners, and  it  is  hereby  authorized  and  empow- 
ered, to  make  all  rules  and  regulations  for  the  or- 
ganization of  said  Board  and  all  rules  and  regula- 
tions for  the  control  and  regulation  of  such  hospital 
or  hospitals. 

The  Board  of  Hospital  Commissioners  is  herebj- 
authorized  and  empowered  to  employ  a  Superintend- 
ent and  Surgeon  for  each  hospital,  and  all  other  em- 
ployees, and  to  fix  their  compensation;  but  no  per- 
son shall  be  eligible  to  the  office  of  Superintendent 
and  Surgeon  in  charge  of  any  hospital  or  hospitals 
unless  he  shall  be  a  physician  of  reputable  charac- 
ter in  his  profession,  a  graduate  in  medicine  of  skill 
and  culture,  who  shall  have  had  at  least  five  (5) 
years'  experience  in  the  practice  of  his  profession 
prior  to  the  date  of  his  election,  two  (2)  years  of 
which  shall  have  been  spent  by  him  in  some  reputa- 
ble hospital. 

No  Superintendent  and  Surgeon  in  charge  of  any 
hospital  shall  be  removed  from  office  except  for  cause 
on  due  notice  and  hearing  by  the  Board  of  Hospital 
Commissicrhers ;  and  in  the  event  of  his  removal  by 
said  Board,  he  shall  have  the  right  within  ten  days 
to  appeal  for  a  rehearing  of  his  case  to  the  Board  of 
Hospital  Commissioners.  All  the  Superintendents 
and  Surgeons  in  charge  of  hospitals  of  said  city  when 
this  Act  becomes  effective  shall  continue  to  remain 
in  charge  thereof  and  discharge  their  duty  until  re- 
moved as  provided  for  in  this  Act. 

All  nurses,  attendants,  and  other  medical  employ- 
ees shall  be  employed  by  the  Superintendent  and 
Surgeon  in  charge,  and  their  compensation  fixed  by 


—47— 

him,  but  between  limits  prescribed  by  the  Board  of 
Hospital  Commissioners. 

The  medical  staff  of  said  hospital  or  hospitals 
shall  be  selected  in  such  manner  and  imder  such  reg- 
ulations as  the  Board  of  Hospital  Commissioners 
may  determine.  The  Superintendent  and  Surgeon 
in  charge  shall  make  all  rules  and  regulations  of  a 
medical  and  surgical  character  for  the  administra- 
tion of  the  hospital  or  hospitals  to  which  such  staff 
is  assigned  for  service;  but  all  such  rules  and  regu- 
lations, before  becoming  operative,  shall  be  approved 
by  the  Board  of  Hospital  Commissioners. 

No  member  of  the  medical  staff  of  said  hospital  Medical  staff. 
or  hospitals  shall  receive  any  compensation  for  his 
services  as  such  a  member.    The  Superintendent  and 
Surgeon  assigned  by  the  Board  of  Hospital  Com- 
missioners to  conduct  the  surgical  and  medical  work 
of  the  institution  is  hereby  authorized  and  empow- 
ered, and  it  shall  be  his  duty,  to  provide  for  the  se- 
lection and  appointment  of  internes  at  such  institu- ^^^^^^^^^ 
tion;  and  he  shall  have  complete  jurisdiction  and 
control  over  all  the  medical  and  surgical  work  of  the 
institution,    subject    to    the   rules    and    regulations 
adopted  by  the  Board  of  Hospital  Commissioners. 
It  shall  be  the  duty  of  the  Hospital  Commissioners 
to  submit  to  the  Board  of  Commissioners  of  said  city 
quarterly  reports  in  writing,  which  shall  set  out  in  Reports  made 
full  the  collections  and  disbursements  made  on  ac-   quarterly. 
count  of  the  hospital  during  such  quarter,  and  which 
shall  contain  the  monthly  reports  during  the  quarter 
by  the  Superintendent  and  Surgeon  in  charge. 

All  money  collected  from  private  or  pay  patients 

•*-.•-*■  Pav  patients 

at  the  City  Hospital,  as  well  as  from  clinical  fees, 
which  may  be  charged  the  students  of  the  various 
medical  schools  of  said  city  as  fixed  by  the  rules  and 
regulations  of  the  Board  of  Hospital  Commission- 
ers, and  all  other  revenues  derived  from  operation 
and  conduct  of  the  hospital,  shall  be  paid  to  the  City  separate 
Treasurer  of  said  city,  who  shall  keep  the  same  sep-  ^'='^°""'- 
arate  from  the  other  revenues  of  the  city  and  to  the 
credit  of  the  Hospital  Department,  and  said  money 
so  collected  shall  be  used  for  the  maintenance  of  said 
hospital  or  hospitals  in  addition  to  the  amount  set 


—48- 


BuHRCt. 


Ho!<pttal  tax. 


Vouchers 
signed. 


Expenditure 
under  $150. 


Expenditure 
over  $500. 


aside  in  the  yearly  budget  by  the  Board  of  Commis- 
sioners for  hospital  purposes. 

The  Board  of  Commissioners  of  said  city  is  hereby 
authorized  and  empowered  to  include  in  the  annual 
levy  of  taxes  for  said  city  a  special  hospital  tax  of 
one- third  of  one  mill  on  each  dollars'  worth  of  prop- 
erty assessed  for  city  taxation,  and  the  money  thus 
levied  shall  constitute  a  special  fund  with  which  to 
operate  the  affairs  of  the  hospital  as  provided  by 
this  Act;  provided,  however,  that  the  Board  of  Com- 
missioners of  said  city  shall  have  power  to  include 
in  the  yearly  budget  money  over  and  above  that  real- 
ized from  the  special  tax  herein  authorized  in  the 
event  said  tax  is  levied  and  collected,  and  to  appro- 
priate such  surplus  money  for  the  maintenance  and 
conduct  of  such  hospitals. 

The  Board  of  Hospital  Commissioners  shall  have 
exclusive  power  and  authority  to  make  all  expendi- 
tures out  of  the  money  appropriated  for  the  conduct 
and  maintenance  of  the  hospital  as  herein  provided, 
and  such  expenditures  shall  be  made  by  vouchers 
signed  by  the  Chairman  of  said  Board  of  Hospital 
Commissioners,  and,  upon  presentation  to  the  Com- 
missioner of  Finance,  Lights,  and  Market  House, 
shall  be  paid  by  him  and  charged  to  the  Hospital  De- 
partment; but  the  Board  of  Hospital  Commission- 
ers, if  it  so  elects,  is  hereby  authorized  by  resolu- 
tion to  empower  the  Superintendent  and  Surgeon  in 
charge  of  such  hospital  to  make  expenditure  for  the 
hospital  not  to  exceed  the  sum  of  one  hundred  and 
fifty  dollars  ($150),  and  a  detailed  account  of  such 
expenditures,  if  so  made,  shall  be  furnished  by  the 
Superintendent  and  Surgeon  to  the  Board  of  Hos- 
pital Commissioners  at  its  regular  monthly  meeting. 

If  any  expenditures  on  account  of  the  hospital 
shall  amount  to  five  hundred  dollars  ($500)  or  more, 
it  shall  be  the  duty  of  the  Board  of  Hospital  Com- 
missioners, before  making  such  expenditure,  to  ob- 
tain the  consent  of  the  Board  of  Commissioners  of 
said  city,  which  consent  may  be  given  by  a  resolution 
passed  at  one  meeting  of  such  Board  of  Commission- 
ers; and  any  expenditure  in  excess  of  five  hundred 
dollars  ($500)  made  on  account  of  the  hospital,  or 
any  liability  or  contract  for  such  expenditure,  unless 


—49— 

made  as  hereinbefore  provided  for,  shall  be  illegal 
and  not  binding  on  the  Board  of  Hospital  Commis- 
sioners ;  or  if  any  such  snm  in  excess  of  five  hundred 
dollars  ($500)  has  been  expended  by  said  Board  of 
Hospital  Commissioners,  the  same  may  be  recovered 
from  the  person  or  persons  receiving  the  same  in  a 
legal  action  to  be  instituted  by  the  Board  of  Com- 
missioners of  said  city ;  or  if  the  same  cannot  be  re- 
covered from  the  person  or  persons  receiving  the 
same,  then  the  members  of  the  Board  of  Hospital 
Commissioners  assenting  to  such  expenditure  shall 
be  liable  on  their  official  bonds  to  the  Board  of  Com- 
missioners of  said  city.  "^ 
Sec.  42.  Be  it  further  enacted: 

1.  That  the  Board  of  Commissioners  of  cities  in- 
cluded in  and  embraced  by  the  caption  of  this  Act  ^eLforcmgL 
shall  have  the  power  and  authority  to  design,  or    ^oard. 
cause  to  be  designed,  contract  for,  and  execute,  or 

cause  to  be  executed,  the  construction  and  improve- 
ment or  the  reconstruction  and  reimprovement  of 
any  street,  avenue,  alley,  highway,  or  other  public 
place,  by  opening,  extending,  widening,  grading,  pav- 
ing, macadamizing,  curbing,  guttering,  or  otherwise 
improving  the  same,  in  such  manner  and  with  such 
material  or  materials  and  with  such  culverts  and 
drains  as  the  Board  of  Commissioners  of  such  cities 
may  prescribe,  and  to  cause  two-thirds  (2-3)  of  the 
cost  or  expense  of  the  aforesaid  work  and  improve- 
ments to  be  assessed  against  the  property  abutting 
on  said  street,  avenue,  or  alley  or  other  public  place 
so  improved, 

2.  That  when  the  Board  of  Commissioners  of  such 

cities  shall  determine  to  construct  any  improvement  authorised" 
authorized  by  the  preceding  subsection  of  this  sec-     ^°''  mance. 
tion,  two-thirds  of  the  cost  of  which  is  to  be  assessed 
against  the  property  abutting  on  the  street,  highway, 
avenue,  alley,  or  other  public  place  to  be  improved, 
it  shall  adopt^an_ojdm  that  such  improvement 

or  improvements  shall  be  made,  which  ordinance 
shall  deseril)e  the  nature  and  extent  of  the  work,  the 
character  of  the  material  or  materials  to  be  used,  the 
location  and  terminal  points  of  the  proposed  im- 
provements, and  the  streets,  alleys,  highways,  or  oth- 
er public  places,  or  part  or  parts  thereof,  on  which 


—50 


Specifications 
estimates, 
etc.,  filed. 


Remon 
— heari 


Notice  of 
hearing 


Action.on 
hearing 


such  improvements  are  to  be  marie,  and  which  shall 
direct  that  full  details,  drawing's,  plans,  specifica- 
tions, and  surveys  of  said  work  and  estimates  be  pre- 
pared or  caused  to  be  prepared  by  the  Commissioner 
of  Streets,  Sewers,  and  Sidewalks ;  or  the  said  Board 
of  Commissioners  may  adopt  plans  for  such  work 
already  prepared.  Such  details,  drawings,  plans, 
specifications,  and  estimates  shall,  when  completed, 
be  placed  on  file  in  the  office  of  the  Board  of  Com- 
missioners or  of  the  Commissioner  of  Streets,  Sew- 
ers, and  Sidewalks,  where  the  property  owners  who 
may  be  affected  by  such  improvement  may  see  and 
examine  the  same;  and  the  said  ordinance  shall  ap- 
point a  time  when  the  Board  of  Commissioners  of 
said  city  shall  meet,  which  shall  not  be  less  than  two 
(2)  weeks  after  the  date  of  the  first  publication  of 
s^^an^ce notice  of  said  ordinance,  to  hear  any  objection  or 
remonstrance  that  may  be  made  to  said  improve- 
ment, the  manner  of  making  same,  or  the  character 
of  the  material  to  be  used.  Notice  of  the  adoption  of 
such  ordinance  shall  be  given  by  publishing  a  notice 
once  a  week  for  two  (2)  consecutive  weeks  in  some 
newspaper  of  daily  circulation  in  said  city.  It  shall 
not  be  necessary  to  set  out  in  full  in  such  notice  said 
ordinance;  but  such  notice  shall  state  the  character 
of  such  improvement  or  improvements,  the  location 
and  terminal  points  thereof,  and  also  the  time  and 
place,  not  less  than  two  weeks  from  the  first  pul>li- 
cation  of  the  notice,  at  which  the  Board  of  Commis- 
sioners of  said  city  shall  meet  to  hear  remonstrances 
or  protests  against  the  making  of  such  improvement 
or  improvements.  At  the  time  and  place  thus  ap- 
pointed the  Board  of  Commissioners  shall  meet,  and 
at  said  meeting,  or  a  time  and  place  to  which  same 
may  be  ad.iourned  from  time  to  time,  all  persons 
whose  property  will  be  affected  by  such  improvement 
or  improvements  may  appear  in  person  or  by  attor- 
ney, or  by  petition,  and  protest  against  the  making 
of  such  improvement  or  improvements,  the  manner 
of  making  the  same,  or  the  material  to  be  used ;  and 
the  said  Board  of  Commissioners  shall  consider  such 
objections  and  protests,  if  any,  and  may  confirm, 
amend,  modify,  or  repeal  such  original  ordinance. 
3.  In  the  event  the  Board  of  Commissioners  of  said 


—51— 

city  confirm  and  adopt  said  ordinance,  it  shall  be  the  ordinance 
duty  of  said  Board  to  construct  the  improvement 
thus  authorized,  ^vhich  may  be  done  by  contract  with  contract- 
tKeTowest  responsible  bidder,  in  accordance  with  the  h°^iet. 
proVTSTOus'"T)f  the  charter  of  said  city,  or  it  may  be 
done  by  the  employees  of  the  Department  of  Streets, 
SeW§fs7and  Sidewalks,  as  said  Board  of  Commis- 
sioners mav__elect ;  provided,  however,  that  in  case 
saiTlvork  is  let  to  the  lowest  responsible  bidder,  all 
bids  submitted  for  the  construction  of  such  improve- 
ment shall  be  accompanied  by  a  certified  check,  or  a 
suitable  bond,  with  at  least  two  good  and  solvent 
sureties  who  are  citizens  or  residents  of  the  city 
where  the  improvement  is  to  be  made ;  or,  in  lieu  of 
personal  sureties,  the  bond  of  some  surety  company 
authorized  to  do  business  in  this  State  may  be  given 
in  a  penal  sum  of  at  least  ten  per  cent  (10%)  of  the 
entire  cost  of  the  Avork  to  be  done  or  improvements 
to  be  made,  computed  on  the  basis  of  the  bids  sub- 
mitted, and  conditioned  that  the  contractors  named 
therein  shall,  in  case  said  work  is  awarded  to  them, 
enter  into  a  contract  with  said  city,  within  the  time 
required,  and  for  the  price  named  in  their  respective 
bids,  and  in  accordance  with  the  plans  and  specifi- 
cations for  the  improvement  and  the  provisions  of 
the  ordinance  of  the  Board  of  Commissioners  of  said 
city  authorizing  the  improvements.  Said  Board  of 
Commissioners  shall  have  the  power  to  reject  any 
and  all  bids  and  to  order  new  bids.  The  successful 
bidder  shall  execute  a  bond  to  said  citj"  or  town  in  an  '^  b''ond'''°'^^ 
amount  equal  to  twenty-five  per  cent  {25^c)  of  the 
entire  contract  price  of  such  improvement,  condi- 
tioned that  the  parties  shall  well  and  truly  perform 
all  the  terms  and  conditions  of  the  contract  in  a  good 
and  workmanlike  manner  and  in  accordance  with  the 
plans  and  specifications,  which  shall  form  a  part  of 
said  contract,  and  shall  indemnify  and  save  the  city 
harmless  from  all  losses,  costs,  and  expenses  which 
it  may  sustain  by  reason  of  any  negligence  of  such 
contractor. 

4.  That  after  the  completion  of  the  work  or  im- 
provement, it  shall  be  the  duty  of  said  Board  of  Coin-^°^^^^^^.^^^^ 
missioners,  in  conformity  with  the  requirements  of 
said  ordinance,  to  apportion  two-thirds  of  the  cost 


—52— 


Cost  includes 
what. 


Cost  paving 
between 
tracks. 


of  such  improvement  upon  tlie  land  al)nttinj2^  the  said 
street,  highway,  avenue,  or  alley,  which  apportion- 
ment shall  be  made  ai^ainst  said  land  and  the  several 
lots  or  parcels  thereof  according  to  the  frontage  of 
said  lots  or  parcels  on  said  street,  highway,  avenue, 
or  alley;  provided,  hoivever,  that  the  aggregate  or 
total  amount  of  the  levy  or  assessment  made  upon 
or  against  any  lot  or  parcel  of  land  shall  not  exceed 
one-half  of  the  assessed  value  of  said  lot  for  munici- 
pal taxes  for  the  current  year ;  and  the  city  or  town 
shall  pay  any  part  of  such  levy  or  assessment  upon 
or  against  any  such  lot  or  parcel  of  land  as  may  be 
in  excess  of  one-half  of  said  assessed  value  thereof, 
including  the  improvements  thereon.  The  cost  and 
expense  of  the  preliminary  and  other  surveys  and 
the  inspection  and  superintendence  of  such  work,  the 
preparation  of  plans  and  specifications,  the  printing 
and  publishing  of  notices,  resolutions,  and  ordinances 
required,  including  notice  of  assessment,  preparing 
bonds,  and  any  other  expense  necessary  for  the  com- 
pletion of  such  improvement,  including  the  cost  of  the 
improvement  of  any  street  in  each  street  or  alley  in- 
tersection, except  the  share  to  be  assessed  against 
street  railway  companies,  as  herein  provided,  shall 
be  paid  and  borne  by  the  Board  of  Commissioners 
of  such  cities  making  such  improvements ;  and  no  cost 
thereof  shall  be  included  or  levied  on  the  property 
fronting  on  the  street,  highway,  avenue,  or  alley 
where  the  said  improvements  are  made. 

5.  When  any  street,  highway,  avenue,  or  alley  to 
be  improved  in  accordance  with  the  pro^asions  of 
this  Act  has  located  therein  the  track  or  tracks  of  any 
street  railway  or  commercial  railroad  company  which 
had  agreed  to  pave  any  portion  of  such  street,  high- 
way, avenue,  or  alley,  and  by  the  terms  of  its  said 
agreement  has  the  option  of  either  doing  said  work 
of  paving  in  accordance  with  the  plans  and  specifica- 
tions prepared  by  said  city  or  of  permitting  said 
city  to  do  said  work  at  a  price  to  be  paid  to  said  city 
bj^  said  company,  it  shall  be  the  duty  of  said  Board 
of  Commissioners  to  first  ascertain  if  said  company 
desires  itself  to  do  its  portion  of  said  paving  or  de- 
sires that  the  same  shall  be  done  by  said  Board  of 
Commissioners.    If  said  company  elects  to  have  its 


—53— 

portion  of  said  paving  done  by  said  Board  of  Com- 
missioners at  the  same  time  the  rest  of  said  paving 
is  done,  then,  and  before  proceeding  to  apportion  any 
portion  of  the  cost  of  said  improvement  upon  any 
of  the  lots  or  parcels  of  ground  abutting  on  said 
highway,  said  IBoard  of  Commissioners  shall  first 
deduct  from  the  total  cost  of  said  improvement  the 
amount  that  should  be  paid  by  such  company.  After 
deducting  the  amount  that  is  to  be  paid  by  such  street 
or  commercial  railroad  company,  said  Board  shall 
next  proceed  to  apportion  two-thirds  of  the  balance 
of  the  cost  of  such  improvement  upon  the  land  abut- 
ting on  such  street,  highway,  avenue,  or  alley,  as 
hereinbefore  and  hereafter  provided. 

6.  When  said  Board  of  Commissioners  shall  have 
completed  such  apportionment  as  provided  by  this^ass«s4ent- 
Act,  it  shall  publish  a  notice  that  said  assessment   p™'^^*^"^- 
list  has  been  prepared,  and  that  on  a  day  named, 
which  shall  not  be  less  than  ten  (10)  days  from  the 
date  of  the  first  of  said  notices,  the  Board  of  Com- 
missioners will  consider  any  and  all  objections  to 
said  apportionment  that  have  been  filed  in  its  office 
and  with  the  clerk  to  the  Board  of  Commissioners. 
Said  notices  shall  further  recite  that   said  assess- 
ment lists  are  in  the  office  of  the  clerk  to  the  Board 
of  Commissioners,  and  may  be  inspected  within  busi- 
ness hours  and  during  the  time  specified  by  any  one 
interested.     All  persons  whose  property  it  is  pro-^ostspro- 
posed  to  assess  for  the  cost  of  said  improvement  may    rated^a^d*^ 
at  any  time  on  or  before  the  date  named  in  said  no-   assessed. 
tices  file  in  writing  with  the  clerk  to  the  Board  of 
Commissioners  any  objection  or  defenses  to  the  pro-    - 
posed   assessment  against  his  property   or  to  the 
amount  thereof.    On  the  date  named  in  said  notices, 
or  at  any  day  to  which  said  meeting  may  be  ad- 
journed or  to  which  consideration  of  said  assess- 
ments and  the  o1)jections  thereto  may  he  postponed, 
said  Board  of  Commissioners  shall  hear  and  con- ^^^^^^^^^.^^ 
sider  said  assessments  and  objections  thereto,  and,  'fi'na'i"^ '°° 
after   so   doing,    shall   ratify,   confirm,   modify,    or 
amend  said  pro  rata  as  shall  be  deemed  right  and 
proper.    If  no  objection  to  the  pro  rata  or  the  amount 
thereof  is  filed,  or  if  the  property  owner  fails  to  ap- 
pear in  person  or  by  attorney  and  resist  the  same, 


I,iens— order 
of. 


Confirmation 
fixes  costs. 


Errors. 


Errors  do  not 
invalidate. 


Assessments 
due — how 
paid. 


tlie  pro  rata  shall  be  confirmed  and  made  final;  and 
property  owners  who  do  not  file  objection  in  writing 
or  protest  against  such  assessment  shall  be  held  to 
have  consented  to  the  same  and  forever  barred  to 
attack  the  regularity,  validity,  or  legality  of  such 
assessment.     Such  confirmation  and  final  action  on 
such  assessment  by  the  Board  of  Commissioners  of 
said  city  shall  be  done  at  a  single  meeting  of  that 
body,  and  the  provisions  of  this  Act  in  reference  to 
the  passage  of  ordinances  on  three  separate  readings 
shall  not  be  applicable  to  the  action  of  said  Board  of 
Commissioners  in  levying  such  assessments  as  afore- 
said.   All  such  assessments  shall  be  and  constitute 
a  lien  on  the  respective  lots  or  parcels  of  land  upon 
which  they  are  levied,  superior  to  all  other  liens,  ex- 
cept those  of  the  State,  county,  and  city  for  taxes. 
The  enforcement  of  the  State,  county,  or  city  of  its 
lien  for  taxes  on  any  lot  or  parcel  of  land  upon  which 
has  been  levied  an  assessment  for  an}^  improvement 
authorized  by  this  Act  shall  not  operate  to  discharge 
or  in  any  manner  affect  the  city's  lien  for  such  as- 
sessment; but  a  purchaser  at  a  tax  sale,  whether  by 
the  State,  county,  or  city,  of  any  lot  or  parcel  of  land 
upon  which  said  assessment  has  been  levied,  shall 
take  the  same  subject  to  the  lien  of  such  assessment; 
and  if  bought  bj^  the  State,  any  conveyance  of  the 
title  thus  acquired  or  any  redemption  shall  be  sub- 
ject to  the  lien  of  such  assessments;  provided,  Jioiv- 
ever,  that  any  error,  mistake  of  name,  number  of  lot, 
description  of  the  same,  amount  of  assessment,  or 
any  other  irregularity  whatever,  may  at  any  time  be 
corrected,  and  no  such  levy  or  assessment  shall  be 
declared  void  or  invalid  by  reason  thereof;  but  the 
person  or  persons  aggrieved  may  have  the  same  cor- 
rected by  application  in  writing  to  the  Board  of  Com- 
missioners of  said  city.    If  in  any  court  of  competent 
jurisdiction  any  final  assessment  made  in  pursuance 
of  this  Act  is  declared  void,  then  the  Board  of  Com- 
missioners of  said  city  maj'',  upon  recommendation 
and  notice,  as  required  in  the  making  of  an  original 
assessment  thereunder,  make  a  new  assessment  in 
accordance  with  the  provisions  of  this  Act. 

7.  All  assessments  levied  by  virtue  of  this  Act 
shall  be  due  and  payable  within  thirty  (30)  days  after 


— i3D— 

the  assessment  is  made  final,  as  aforesaid;  but  at  the 
election  of  the  property  owner,  to  be  expressed  by  a 
notice  in  writing,  as  hereinafter  provided,  said  as- 
sessment may  be  paid  in  five  (5)  annual  installments,  Assessments 
and  shall  bear  interest  at  the  rate  of  six  per  cent   payable  eve 

•  11  '  -II  K       annual  in- 

(6%)  per  annum,  interest  payable  semiannually.  A  staiiments. 
property  owner  desirins^  to  exercise  the  privilege  of 
payment  by  installments  shall,  before  the  expiration 
of  the  thirty  (30)  days  aforesaid,  enter  into  an  agree- 
ment in  writing  with  the  municipality  that,  in  consid- 
eration of  such  privilege,  he  will  make  no  objection  objections 
to  any  illegality  or  irregularity  with  regard  to  the  ^^^^'^d- 
assessment  against  his  property,  and  will  pay  the 
same  as  required  by  law,  with  specified  interest ;  and 
such  agreement  shall  be  filed  in  the  office  of  the  clerk 
to  the  Board  of  Commissioners.  In  all  cases  where 
such  agreement  has  not  been  signed  and  filed  within 
the  time  limited,  the  entire  assessment  shall  be  pay- 
able in  cash,  without  interest,  before  the  expiration 
of  said  thirty  (30)  days;  provided,  that  any  property 
owner  who  shall  have  elected  to  pay  his  assessment 
in  five  (5)  annual  installments  shall  have  the  right 
and  privilege  of  paying  up  the  assessment  in  full  at 
any  installment  period  by  paying  the  full  amount  of 
the  assessment,  together  with  all  accrued  interest,- 
and  an  additional  sum  equal  to  one-half  the  annual 
interest  thereon;  provided,  hoivever,  that  if  any  prop-  ^^^^^^^^^^^^ 
erty  owner  makes  default  in  the  payment  of  any  in-  penalty  on 
stallment  and  interest  thereon,  when  the  same  ma- 
tures, all  of  said  installments,  with  interest,  and  an 
additional  sum  equal  to  half  the  annual  interest,  shall 
become  immediately  due  and  payable. 

8.  After  the  Board  of  Commissioners  shall  have,, 
levied  said  assessment  a.gainst  the  property  abutting  AsFe^s'sments- 
upon  such  street,  highway,  avenue,  or  alley,  the 
Board  shall  deliver  a  list  of  such  assessments  to  the 
Commissioner  of  Finance,  Lights,  and  Market  House 
of  said  city,  who  shall  enter  it,  or  cause  the  same  to 
be  entered,  in  a  well-bound  book,  styled  ''Special  As- 
sessments," which  book  shall  be  so  ruled  as  to  con- 
veniently show  (1)  the  name  of  the  owner  of  said 
property;  (2)  the  number  of  the  lot  or  part  of  lot 
and  the  plan  thereof,  if  there  be  a  plan ;  (3)  the  front- 
age of  said  lot  and  the  depth  thereof;  (4)  the  amount 


—56- 


City  Attorney 
collects. 


that  has  been  assessed  against  said  lot;  (5)  the 
amonnt  of  each  installment  and  the  date  on  which 
each  installment  is  due.  Said  book  shall  be  indexed 
accordinc^  to  the  names  of  the  owners  of  the  property 
and  according  to  tlie  names  of  the  streets  that  have 
been  improved.  The  Comptroller  in  the  Department 
of  Finance,  Lights,  and  Market  House  shall  issue 
his  receivable  warrant  to  the  individual  or  owner  de- 
siring to  pay  any  of  said  assessment,  which  amount 
shall  be  paid  to  the  Treasurer  of  said  city  as  other 
taxes  and  revenues  of  said  city  are  now  paid.  When- 
ever any  installment  of  any  assessment  shall  become 
^inSmentc, past  duc  for  a  period  of  sixty  (60)  days,  it  shall  be 
the  duty  of  the  Comptroller  of  said  city  to  certify 
said  installment  and  all  other  installments  of  the 
same  assessment  to  the  City  Attorney  of  said  city, 
whose  duty  it  shall  be  to  immediately  enforce  the 
collection  of  such  installment  or  installments  by  at- 
tachment levied  upon  the  lot  or  parcel  of  ground 
apon  which  such  assessment  or  assessments  were  as- 
sessed. In  case  of  the  nonpayment  of  any  install- 
ment as  prescribed  by  this  Act,  then  all  of  the  install- 
ments become  due  and  delinquent,  and  an  attachment 
shall  be  sued  out  and  lien  thereunder  enforced  and 
collected  in  the  Chancery  Court  of  the  county  where- 
in said  land  is  located.  Any  land  so  attached  may  be 
sold  in  said  attachment  proceeding,  in  bar  of  equity 
of  redemption  and  all  other  rights,  legal  or  equitable, 
equity  when  belougiug  to  the  owner  or  owners  of  said  land.  Any 
such  bill  may  include  as  many  as  twenty-five  (25) 
distinct  pieces  or  tracts  of  land,  the  owners  thereof 
being  made  defendants  to  the  bill ;  and  such  cause 
shall  not  be  subject  to  objection  for  misjoinder  by 
reason  of  the  distinct  interest  that  several  of  the  de- 
fendants have  in  the  property  proceeded  against,  and 
all  parties  necessary  to  enable  the  court  to  enforce 
the  lien  and  to  divest  the  title  out  of  the  owner  or 
owners  and  invest  the  same  in  the  purchaser  may  be 
made  parties  defendant;  and  should  any  person  in- 
terested pay  after  the  bill  has  been  filed  and  before 
the  sale  of  the  land,  the  city  shall  dismiss  the  suit  as 
to  the  person  and  property  included  in  said  pay- 
ment; provided,  all  persons  so  paying  the  taxes  or 
assessments  shall  pay  his,  her,  or  its  just  proportion 


Chancery 
Court— bill 
to  collect. 


Title  free  of 


— 0/— 

of  the  costs  accrued  in  said  court  to  the  date  of  the 
payment;  and  it  is,  therefore,  provided  that  the  fil- 
ing of  this  bill  in  no  way  defeat  the  rights  of  said 
city  to  the  lien  as  before  established,  such  bill  being- 
filed  for  the  purpose  of  enforcing  the  same.  Said  bill 
herein  provided  for  shall  be  in  substance  and  in  form 
the  same  as  other  bills  filed  in  the  Chancery  Court 
for  the  purpose  of  foreclosing  and  enforcing  liens 
and  collecting  taxes,  assessments,  and  moneys  due 
under  lien,  and  for  divesting  title  and  making  a  title; 
but  no  defendant  shall  be  entitled  to  a  copy  of  the  bill 
without  applying  to  the  clerk  of  said  court  and  pay- 
ing for  such  copy,  nor  shall  it  be  necessary  that  all 
defendants'  names  be  included  in  the  copy  of  the  sub- 
poenas to  be  left  with  said  defendant  or  in  publica- 
tion for  nonresidents.  Said  cause  shall  be  at  issue 
as  to  any  defendant  when  his,  her,  or  its  answer  is 
filed,  or  pro  confesso  has  been  taken;  and  the  cause 
may  be  proceeded  with  by  or  against  any  one  or  more 
of  the  defendants  until  final  judgment,  sale,  and  con- 
firmation thereof,  without  in  any  wa}^  affecting  any 
other  party  to  the  suit.  Any  party  to  the  bill  shall  appeals  from 
have  the  right  to  appeal  to  the  Supreme  Court  or  ^^^igg''^'^^ 
Court  of  Civil  Appeals,  or  to  a  writ  of  error,  as 
their  rights  in  such  proceedings  may  be;  and  such 
bill  shall  not  affect  proceedings  as  to  other  parties. 
It  is  hereby  intended  that  said  sums  of  money  ex- Abstract  item 
pended  under  this  Act,  together  with  all  interest,  assessment, 
costs,  charges,  etc.,  as  have  heretofore  been  set  forth, 
shall  be,  and  are,  and  do  constitute  a  lien  upon  the 
fee  in  said  lot  or  lots  or  parcels  of  ground,  and  not  i^ien  on  fee. 
merely  upon  the  interest  of  the  person  or  persons  to 
whom  said  assessment  and  levj^  may  be  made,  but  to 
any  and  all  other  interests  in  said  property,  whether 
in  reversion,  remainder,  or  any  estate  of  any  nature 
whatsoever;  and  said  assessment  shall  not  be  invalid 
on  account  of  said  assessed  property  having  been 
leased  or  the  assessments  made  against  any  one  as 
owner  or  owners  not  the  owner  or  owners,  or  where 
the  owner  or  owners  are  unknown.  The  said  lien 
shall  be  prior  and  superior  to  all  other  liens  or  en- 
cumbrances of  any  nature  whatsoever,  except  State, 
county,  and  municipal  taxes,  and  shall  be  of  equal 
dignity  with  sidewalk  assessments.     Said  lien  shall  ^'whln!^^^^^~ 


—58— 

attach  when  the  Board  of  Commissioners  shall  have 
ordered  the  improvement  made  in  accordance  with 
the  plans  and  specifications  prepared  for  tlie  Board 
of  Commissioners  and  when  said  order  shall  have 
been  entered  upon  the  minute  book  of  the  Board  of 

Minute  book  is  Commisslouers.  Such  entry,  when  duly  signed  by  the 
noticeof lien.  Board  of  Commlssioncrs,  shall  become  a  notice  and 
fix  the  lien  as  to  all  parties  who  have  acquired  any 
title,  right,  or  interest  in  or  to  said  lot  or  parcel  of 
ground,  or  who  may  thereafter  acquire  any  title, 
right,  or  interest  therein. 

City  Attorney  Tho  City  Attomcy  is  authorized  to  have  an  ab- 
strac"of dtie.  stract  of  title  made  to  such  lot  or  lots,  and  the  ex- 
pense thereof  shall  be  charged  as  an  item  in  the  col- 
lection of  said  assessment. 

Bonds,  abut-  9.  Whcu  thc  Board  of  Commissioners  shall  have 
alisessment!'  Ordered  the  construction  of  any  improvement  in  ac- 
cordance with  the  terms  of  this  Act,  said  Board  of 
Commissioners  shall  have  the  power  and  authority 
for  the  purpose  of  providing  the  means  to  pay  the 
expenses  of  said  improvements  chargeable  to  prop- 
erty owners  to  issue  negotiable  bonds  of  the  munic- 
ipality to  the  amount  in  par  value  not  exceeding  two- 
thirds  of  the  estimated  cost  of  any  such  improve- 
ment or  improvements,  which  cost  shall  for  this  pur- 
pose be  estimated  by  the  Board  of  Commissioners 
in  the  ordinance  authorizing  the  issue  of  said  bonds. 
Such  bonds  shall  be  payable  to  the  bearer  in  lawful 
money  of  the  United  States,  either  at  the  office  of  the 
treasurer  of  the  municipality  or  at  such  other  place 
in  the  United  States  as  may  be  designated  in  the 
bond,  and  such  bonds  shall  be  in  the  form  and  signed 
by  such  officials  as  may  be  provided  in  the  ordinance 
directing  the  issue.  Coupons  may  bear  a  facsimile 
signature  or  signatures.  In  case  an}^  such  officers 
whose  signatures  appear  on  the  bonds  or  coupons 
shall  cease  to  be  such  officers  before  the  delivery  of 
such  bonds  to  the  purchaser,  such  signatures  shall, 
nevertheless,  be  valid  and  sufficient  for  all  purposes, 
the  same  as  if  thej^  had  remained  in  office  until  the 
delivery  of  the  bonds.  The  bonds  shall  run  for  one, 
two,  three,  four,  and  five  years,  and  bear  interest  at 
a  rate  not  exceeding  six  per  cent  {6%)  per  annum, 
as  may  be  designated  in  the  bonds,  payable  semian- 


—59— 

nually,   with  interest  coupons   attached;   and   such 
bonds  shall  be  of  such  denomination  as  the  Board  of 
Commissioners  in  said  ordinance  may  order  and  di- 
rect.   The  Board  of  Commissioners  may,  in  its  dis-     ^^^g__^,^^ 
cretion,  in  such  ordinances  provide  that  any  bond    caiied. 
shall  be  payable  at  the  option  of  the  municipality  at 
any  interest-paying  period;  and  if  such  Board  of 
Commissioners  desires  to  exercise  this  right,  it  shall 
be  stated  on  the  face  of  the  bonds,  as  well  as  in  the 
ordinance  authorizing  their  issuance,  that  they  are 
subject  to  call  at  any  time  before  their  maturity  that 
the  Board  of  Commissioners  may  deem  proper ;  pro- 
vided, however,  that  the  Board  of  Commissioners  g^jj^g_j.^^j^^^j 
shall  give  notice  before  anj'^  such  interest  period  by    ^^fr,"'',^  ™^" 
publication  three  (3)  times,  once  a  week  for  three 
consecutive  weeks,  in  a  daily  newspaper  published 
in  said  city,  the  first  publication  to  be  not  less  than 
thirty  (30)  days  prior  to  the  interest  period  at  which 
it  is  proposed  to  redeem  the  bonds,  such  notice  stat- 
ing the  intention  of  the  Board  of  Commissioners  to 
redeem  the  bonds  and  describing  them  by  number 
and  series.    Said  bonds  shall  be  sold  at  public  or  pri-  g^j,^^  ^^^^_ 
vate  sale  at  not  less  than  par  and  accrued  interest,    ters',  sold- 

-L  ^  now. 

Said  bonds  shall  be  the  absolute  and  general  obliga- 
tions of  the  municipality,  and  the  Board  of  Commis- 
sioners of  said  city  shall  provide  by  ordinance  that 
the  assessments  levied  upon  the  property  abutting 
on  the  streets,  highways,  avenues,  or  alleys,  or  part 
or  parts  thereof,  in  respect  of  which  any  such  bonds 
are  issued,  shall  be  set  apart  as  a  fund  for  the  paj^- 
ment  of  such  bonds  and  interest.    It  shall  be  the  duty 
of  the  Board  of  Commissioners  of  said  city  to  levy  °ers^,Hqui'- 
an  ad  valorem  tax  upon  all  of  the  taxable  property   speciiuax. 
in  the  city  to  pay  the  principal  and  interest  of  said 
bonds  as  they  may  become  due,  or  to  pay  such  part 
or  parts  thereof  as  are  not  provided  for  by  the  as- 
sessments levied  and  actually  collected  and  in  the 
treasury  of  the  city  set  apart  for  the  payment  of 
such  bonds  and  interest.     The  tax  herein  provided 
for  shall  be  in  addition  to  all  other  taxes  which  such 
municipality  is  authorized  by  law  to  levy.    Any  or-  ^^^^^^  ^^^^ 
dinance  authorizing  the  issuance  of  such  bonds  shall    ters', ordi- 
be  valid  when  passed  by  the  Board  of  Commission-   acted. 


—no- 
d's of  said  cily,  and  the  j)r()visioiis  of  Sections  *26 
and  127  of  tliis  Act  sliall  not  apply  to  bonds  issued 
Bonds  abut-  ^^i^dor  tliis  subsection.  Said  ordinances  may,  in  the 
»er^^account  discretion  of  the  lea^ishitive  body,  provide  for  the 
issuance  of  bonds  in  one  lot  or  amount  in  respect  of 
any  one  or  more  of  such  improvements  on  one  or 
more  streets,  avenues,  alleys,  or  highways,  or  part 
or  parts  thereof,  and  may,  in  the  discretion  of  the 
Board  of  Commissioners  of  said  city,  yjrovide  that 
any  assessments  levied  in  respect  of  any  such  im- 
provement or  improvements  on  one  or  more  streets, 
avenues,  highways,  or  alleys,  may  be  applied  as  a 
whole  toward  the  payment  of  such  entire  lot  or 
amount  of  bonds  or  interest  thereon ;  and  it  shall  not 
be  necessary  that  each  assessment  for  each  separate 
improvement  shall  be  kept  separate  and  applied  to 
the  bonds  issued  in  respect  to  that  jDarticular  im- 
provement. After  the  passage  of  any  ordinance  au- 
thorizing the  issue  of  bonds,  any  of  the  proceedings 
authorizing  the  advertisement  or  sale  or  award  of 
the  bonds  may  be  taken  b}^  order  or  resolution,  made 
at  a  single  meeting  or  session  of  the  Board  of  Com- 
missioners of  said  city,  and  need  not  be  by  ordinance. 
Any  such  bonds  may,  in  the  discretion  of  the  Board 

Form  of  bonds.      n   r^  ••  i?'*T'ii-  t    •  ^      i 

or  Commissioners  oi  said  city,  be  issued  m  substan- 
tially the  following  form  or  in  such  other  form  as  the 
Board  of  Commissioners  of  said  city  may  from  time 
to  time  prescribe.    Such  form  is  as  follows — to  wit : 

United  States  of  America, 

State  of  Tennessee, 

City  of  Nashville, 

Street  Improvement  Bond. 

No Series $ 

The  City  of  Nashville,  a  municipal  corporation  or- 
ganized and  existing  under  the  laws  of  the  State  of 
Tennessee,  for  value  received,  hereby  acknowledges 
itself  indebted  and  promises  to  pay  to  the  bearer  the 

sum  of  $ ,  in  lawful  money  of  the  United 

States,  on  the  first  day  of ,  191 ..... 

with  interest  thereon  at  the  rate  of   per 

centum  per  annum,  payable  semiannually,  on  the 
first  day  of and 


"Original  Act,  clerical  error,  "2S  and  29.' 


— Gl— 

in  each  year,  until  this  bond  is  paid  upon  presenta- 
tion and  surrender  of  the  annexed  coupons  as  they 
severally  fall  due,  both  principal  and  interest  being 
payable  at  the  office  of  the  City  Treasurer  in  Nash- 
ville, Tenn.,  or  at  the  office  of , 

in ,  at  the  option  of  the  holder. 

This  bond  is  issued  under  and  in  pursuance  of  and 
in  strict  conformity  with  an  Act  of  the  General  As- 
sembly of  the  State  of  Tennessee,  approved 

,  of  the  Acts  of  the  year , 

and  in  other  statutes,  and  the  Constitution  of  said 
State  and  the  charter  of  said  city  in  such  cases  made 
and  provided,  and  under  and  pursuant  to  ordinances 
and  proceedings  of  said  city,  duly  adopted  and  had, 
and  to  provide  means  to  pa^^  not  exceeding  two-thirds 
of  the  estimated  cost  of  certain  street  improvements. 
It  is  hereby  certified,  recited,  and  declared  that  all 
acts,  conditions,  and  things  required  to  be  done,  ex- 
ist, and  be  performed  precedent  to  and  in  the  issu- 
ance of  this  bond  in  order  to  make  this  bond  a  legal, 
valid,  and  binding  obligation  of  the  City  of  Nash- 
ville, have  been  done,  existed,  and  been  performed 
in  regular  and  due  time,  form,  and  manner  as  re- 
quired by  law ;  and  that  the  indebtedness  represented 
by  this  bond,  together  with  all  other  indebtedness  of 
said  city,  does  not  exceed  any  limit  prescribed  by  the 
Constitution  or  statutes  of  said  State  or  the  charter 
of  said  city.  The  full  faith  and  credit  of  the  City 
of  Nashville  are  hereby  pledged  for  the  prompt  paj^- 
ment  of  the  principal  and  interest  of  this  bond  as  the 
same  become  due. 

In  witness  whereof,  the  Mayor  of  said  City  of 
Nashville  and  the  City  Treasurer  of  said  city  have 
signed  this  bond  and  attached  the  seal  of  said  city 
and  caused  the  interest  coupons  hereto  attached  to 
be  signed  with  the  facsimile  signature  of  the  Mayor 
and  said  City  Treasurer,  and  this  bond  to  be  dated 
19.... 


Mayor. 

> 

City  Treasurer. 

If  the  municipality  reserves  the  right  or  option 
to  pay  off  said  bonds  before  maturity,  such  right  or 


—62— 

option  shall  be  expressly  reserved  in  the  bonds;  and 
the  lanj^nage  of  such  reservation  inserted  in  such 
case  in  the  bond  may  be  substantially  as  follows,  or 
any  other  appropriate  language: 

The  City  of  Nashville  hereby  reserves  the  right 
^maufrity^"'^''  aud  optiou  to  pav  off  this  bond  at  any  interest-pay- 
ing period  before  maturity;  and  in  the  event  the  City 
of  Nashville  shall  elect  to  pay  off  this  bond  in  full  at 
any  interest  period  before  maturity,  it  shall  and  will 
pay  as  a  bonus  to  the  holder  thereof  a  sum  equal  to 
one-half  of  the  annual  interest  thereon  for  one  year; 
provided,  hoiV'Sver,  that  the  legislative  body  of  said 
municipality  shall  give  public  notice  before  such  in- 
terest period  by  publication  three  times,  once  a  week 
for  three  consecutive  weeks,  in  a  daily  newspaper 

published  in  the  City  of ,  the  first 

publication  to  be  not  less  than  thirty  days  prior  to 
the  interest  period  of  this  bond,  stating  its  inten- 
tion to  redeem  the  same  and  describing  the  same  by 
number  and  series. 

(Form  of  Coupon.) 

No $ 

On  the  first  day  of ,  19 .... ,  the 

City  of  ,  Tenn.,  will  pay  to  the 

bearer,  at  the  office  of  the  City  ,  in 

coupons-form ^  Tcun.,  Or  at  the  office  of 

,  in ,  at  the  option  of  the 

holder, dollars,  being  six 

months'  interest  then  due  on  Street  Improvement 
Bond  No 


Mayor. 

'City'.'.'.'.'.'.'.'.'.'.\.. 

10.  K  there  be  a  street,  electric,  or  steam  railroad 
fn^f^eet^^  ^  track  or  tracks  in  any  street,  alley,  avenue,  or  high- 
way improved  under  this  Act,  the  cost  of  such  im- 
provement between  the  rails  and  the  space  between 
such  tracks,  and  two  (2)  feet  beyond  the  outer  rail, 
and  including  switch  and  turnouts,  shall  be  paid  by 
the  owners  of  such  railroad,  and  shall  be  assessed 
and  collected  from  such  owner,  and  shall  be  levied 


—63— 

upon  the  railroad  and  the  property  used  in  connec- 
tion therewith;  and  in  the  event  a  culvert  be  con- 
structed, which  drains  streets  or  highways,  on  which 
there  is  a  street,  electric,  or  other  railroad,  there 
shall  be  assessed  against  such  railroad  a  fair  and  just 
proportion  of  the  construction  of  such  culvert,  to  be 
determined  by  the  Board  of  Commissioners ;  and  such 
assessment  shall  be  a  lien  like  other  assessments,  and 
may  be  collected  in  like  manner;  provided,  however, 
that  where  any  such  railroads  shall  occupy  any 
street,  allej^,  or  highway  under  ordinance  or  contract 
with  such  city,  it  shall  pay  or  improve  according  to 
the  provisions  of  such  ordinance  or  contract  as  have 
been  provided  in  this  Act. 

Where  any  of  the  improvements  authorized  by  this 
Act  shall  have  been  directed  to  be  done  as  herein  ^piaced-how 
provided,  the  Board  of  Commissioners  of  said  city 
shall  have  the  power  to  require  any  street  railroad 
company,  or  any  steam  commercial  railroad  com- 
pany, or  other  rail-using  company,  to  replace  the 
rails  that  such  company  have  in  such  street  with 
other  rails  of  a  kind  to  be  specified  by  said  Board; 
and  when  in  the  judgment  of  said  Board  of  Commis- 
sioners the  rails  ordered  to  be  removed  are  not  suit- 
able to  be  used  with  paving  that  is  about  to  be  put 
down  by  said  Board,  notice  thus  provided  for  shall 
be  given  at  least  sixty  (60)  da^^s  before  said  Board 
of  Commissioners  begins  to  work  upon  that  portion 
of  the  street  wherein  such  rails  are  located.  Should 
the  company  refuse  to  comply  with  the  requirements 
of  said  notice,  the  Board  of  Commissioners  shall  have 
power  to  remove  all  of  said  rails  from  such  street, 
highway,  alley,  or  public  place,  and  the  expense  of 
such  removal  shall  be  paid  by  such  company. 

*n.  Before  making  any  of  the  im])rovenients  con- Gas.  water, 
templated  in  this  Act,  the  Board  of  Commissioners  uons^°"°^''" 
shall  have  power  to  order  the  owner  or  owners  of 
all  abutting  real  estate  to  connect  their  several  prem- 
ises with  gas,  water  mains,  or  other  subterraneous 
conduits,  pipes,  or  ducts,  or  with  any  other  public 
utility  in  the  street  in  front  of  their  several  prem- 
ises; and  upon  default  of  the  owner  for  thirty  (30) 
days  after  such  notice  to  make  connection,  the  Board 


•Rust  vs.  Nashville,  Supreme  Court,  1912,  held  section  unconstitutional  in  part. 


— G4— 

of  (Joiniiiissioners  may  contract  for  and  make  the 
connection  aforesaid,  at  such  distance,  under  sucli 
regulations,  and  in  accordance  with  such  specifica- 
tions as  may  be  prescribed  by  it;  and  the  whole  cost 
of  such  connection  shall  be  assessed  against  the  prem- 
ises with  which  the  connection  is  made.  Any  num- 
ber of  such  connections  may  be  included  in  one  con- 
tract, and  the  cost  thereof  shall  be  added  to  the  final 
levy  or  assessment  made  against  the  property  of  each 
lot  owner  as  hereunder  provided. 
T.,i-,.,-t^„a..  12.  In  the  event  of  the  issuance  of  bonds  as  here- 
bonds  if  "  in  provided,  it  shall  be  the  duty  of  the  Board  of  Com- 
missioners  of  said  city  to  ascertain  m  due  season,  m 
advance  of  the  time  for  the  payment  of  the  principal 
or  interest,  or  both,  of  any  and  all  such  bonds  to  be 
herein  issued,  and  in  advance  of  the  time  for  the  pay- 
ment of  the  principal  or  interest,  or  both,  of  any  such 
bonds,  whether  or  not  there  is  or  will  be  sufficient 
moneys  provided  hy  the  assessments  levied  and  actu- 
ally collected  in  the  treasury  of  the  municipality  set 
apart  for  the  payment  of  the  principal  and  interest 
of  such  bonds  as  the  same  from  time  to  time  become 
due;  and  it  shall  be  the  duty  of  the  Board  of  Com- 
missioners of  said  cit}^  in  due  season,  in  advance,  to 
levy  an  ad  valorem  tax  upon  all  the  taxable  property 
in  the  municipality  sufficient  to  pay  the  principal  and 
interest  of  such  bonds  as  they  become  due  from  time 
to  time,  or  to  pay  such  part  or  parts  thereof  as  are 
not  or  will  not  be  fully  provided  for  by  the  assess- 
ments levied  and  actually  collected  and  in  the  treas- 
ury of  the  municipality  in  season  for  the  payment 
of  the  principal  and  interest  of  such  bonds  as  the 
same  from  time  to  time  become  due.  In  case  the  mu- 
nicipality shall  levy  and  collect  ad  valorem  taxes  for 
the  purpose  of  paying  the  principal  and  interest  of 
any  bonds  or  any  part  thereof,  the  municipality  shall, 
nevertheless,  have  the  power  and  authority  to  pro- 
ceed with  the  levy  and  collection  of  the  assessments ; 
and  such  assessments  or  part  thereof  sufficient  for 
the  purpose  shall  be  paid  into  the  treasury  of  the 
municipality  to  reimburse  the  treasure"  for  the 
amount  thus  paid  out  of  such  ad  valorem  taxes;  and 
such  money  thus  reimbursed  to  the  treasury  shall  be 
used  under  the  direction  of  the  Board  of  Commis- 


—65— 

sioners  of  said  city  for  anj'  lawful  corporate  pur- 
pose for  which  ordinary  ad  valorem  taxes  may  le- 
gally be  levied  and  collected. 

13.  Any  failure  on  the  part  of  any  city  to  comply  g^^^^  ^^^ 
with  any  of  the  provisions  of  this  Act,  and  any  fail-    if^^l^^^'' 
ure  in  the  existence  or  perforaiance  of  any  of  the 
conditions  precedent  to  the  issuance  of  any  bonds  is- 
sued under  the  provisions  of  this  Act,  for  local  abut- 
ting property  purposes  and  improvements,  shall  not 

affect  the  validit>^  of  such  bonds  or  of  the  assess- 
ments made  for  such  purposes,  but  the  same  shall  be 
in  all  respects  valid  and  binding. 

14.  That  the  proceeds  arising  from  the  collection 

of  assessments  levied  for  each  improvement  shall  be  ^"e«ed.°kept 
and  constitute  a  separate  and  distinct  fund;  and  emmt''"^ 
each  such  fund,  together  with  its  accumulations,  shall 
be  pledged  for  the  payment  of  the  bonds  and  inter- 
est coupons  issued  for  the  improvement  from  the 
assessment  of  w^hich  said  fund  arises,  and  shall  be 
applied  exclusively  to  the  payment  of  such  bonds  and 
coupons.  It  shall  be  the  duty  of  the  Treasurer  of 
said  city  to  keep  an  accurate  account  of  all  funds  ^.^^gg^jj.^^ 
arising  from  all  assessments  for  improvements  made  ^eeps  ac- 
under  this  Act,  and  to  carefully  and  accurately  keep 
a  separate  account  of  the  funds  arising  from  the  col- 
lection of  assessments  for  each  particular  improve- 
ment; provided,  liowever,  that  if  at  any  time  thf 
amount  of  any  particular  fund  shall  exceed  the 
amount  of  any  outstanding  bonds  and  interest  enti- 
tled to  payment  out  of  such  fund,  the  Board  of  Com- 
missioners shall  order  the  application  of  such  sur- 
plus to  the  redemption  of  bonds  issued  for  such  im- 
provement as  hereinbefore  provided,  and  all  such 
bonds  so  redeemed  shall  be  canceled;  provided,  fur- 
ther, that  said  Board  of  Commissioners  shall  have 
the  power,  after  the  expiration  of  sixty  (60)  days 
from  the  date  of  the  final  assessment  for  any  im- 
provement, if  no  bonds  for  said  improvement  have 
been  issued  and  sold,  to  order  the  payment  out  of 
the  proper  fund  to  the  contractor  who  constructed 
the  improvement,  of  all  or  anj''  part  of  the  assess- 
ment for  said  improvement  previously  collected,  or 
to  reimburse  from  such  collection  the  general  funds 
of  the  city  to  the  extent  of  any  money  advanced  out 


-66— 


'Public  Im- 
provement" 
Account. 


Vouchers 
drawn  on 
"  Public  Im- 
provement 
Account." 


Trea.surer's 
liability. 


of  the  j^eneral  funds  or  borrowed  to  pay  the  cost  of 
said  improvemeut,  and  to  issue  and  sell  bonds,  as 
hereinbefore  provided,  to  any  amount  not  exceeding 
the  balance  due  the  contractor  and  the  general  fund 
of  the  city  or  borrowed  for  such  purpose.  If  there 
shall  be  any  surplus  arising  from  the  sale  of  bonds 
issued  for  any  improvement  above  the  cost  of  said 
improvement,  said  surplus  shall  be  and  become  a 
part  of  the  fund  levied  for  said  improvement,  and 
shall  be  kept  and  applied  in  the  manner  as  said  fund 
is  herein  required  to  be  kept  and  applied.  All  pro- 
ceeds arising  from  the  collection  of  assessments  lev- 
ied for  an  improvement  shall,  as  soon  as  collected, 
be  deposited  by  the  Treasurer  in  some  bank  to  be 
designated  by  the  Commissioner  of  Finance,  Lights, 
and  Market  House ;  and  such  collections  shall  not  be 
deposited  with  the  general  funds  of  the  city,  but  shall 
be  considered  a  separate  deposit  to  the  account  of 
''Public  Improvement,"  and  shall  be  drawn  out  on 
checks  or  orders  directing  the  amount  designated 
therein  to  be  paid  out  of  the  ''Public  Improvement 
Fund."  The  Treasurer  shall  be  liable  on  his  offi- 
cial bond  to  any  holder  of  the  bonds  authorized  here- 
by for  any  loss  or  injury  to  such  bondholder  caused 
by  the  diversion  of  said  officer  of  any  of  said  funds 
or  part  thereof  to  the  payment  of  any  other  fund, 
certificate  of  indebtedness,  or  interest  coupons,  or  in- 
debtedness of  the  city  other  than  the  bonds  and  in- 
terest coupons  and  indebtedness  herein  authorized  to 
be  paid  out  of  said  fund,  or  by  the  use  or  misappro- 
priation by  said  officer  of  any  part  of  the  fund  out  of 
which  said  bonds  are  required  and  contemplated 
herein  to  be  paid  for  any  other  purpose  than  herein 
provided  for,  or  for  the  benefit  of  the  city  or  others : 
and  any  member  of  the  Board  of  Commissioners  of 
said  city  who  shall  by  his  or  their  vote,  or  in  any 
other  manner,  cause,  aid,  or  encourage  any  such  di- 
version, use,  or  misappropriation  of  the  fund  out  of 
which  the  bondholders  are  entitled  to  be  paid,  for 
any  other  purpose  than  that  authorized  and  required 
herein,  whereby  loss  or  injury  to  the  bondholders  or 
any  of  them  is  caused,  shall  be  jointly  and  severallv 
liable  to  such  bondholders  injured  to  the  extent  of 
such  loss  and  injury. 


—67— 

15.  In  the  event  a  petition  be  presented  to  the  petition  of 
Board  of  Commissioners  of  said  city,  averring  the   oTrotarcoW 
willingness  of  each  of  the  signers  to  pay  his  or  her 

pro  rata  share  of  the  entire  cost  of  any  improvement 
such  as  is  hereby  authorized,  and  relieve  the  munici- 
pality from  any  payment  of  any  part  thereof,  as  to 
any  street,  highway,  avenue,  or  alley,  or  part  or  parts 
thereof,  which  petition  is  signed  by  the  owners  of  at 
least  sixty-six  and  two-thirds  per  cent  (66  2-3  %)  of 
the  frontage  of  the  lots  or  parcels  of  land  abutting 
on  such  street,  highway,  avenue,  or  alley,  or  part  or 
parts  thereof,  proposed  to  be  improved  as  hereby  au- 
thorized, such  petition  may  be  granted  by  the  Board 
of  Commissioners  of  said  city;  and  thereupon  pro- 
ceedings may  be  had  under  this  Act  the  same  in  all 
respects  as  if  the  improvements  had  been  begun  by 
the  Board  of  Commissioners  on  its  own  initiative, 
and  bonds  may  be  issued  and  assessments  may  be 
made,  except  that  the  assessment  shall  in  such  event 
be  made  for  the  entire  cost  of  the  improvement,  and 
bonds  may  be  issued  for  the  entire  cost  instead  of 
assessment  being  made  and  bonds  being  issued  for 
only  two-thirds  of  the  cost  thereof ;  provided,  that  no 
assessment  under  this  subsection  shall  in  any  event 
exceed  on  any  lot  one-half  of  the  assessed  value  of 
such  lot  for  municipal  purposes  for  the  current  year, 
including  improvements  thereon;  and  all  other  pro- 
visions of  this  Act  shall  be  applicable  in  respect  to  any 
improvement  made  under  this  subsection  except  as  in 
this  subsection  may  be  otherwise  expressly  provided. 

16.  The  entries  in  the  "Special  Assessment"  book g,,ijg„^g_ 
heretofore  referred  to  shall  be  a  book  of  original  en-    "  special  as- 

,  O  SCSStllCllt 

tries  for  any  and  all  purposes,  and  shall  be  compe-    Book -is. 
tent  evidence  in  all  cases  in  all  of  the  courts  of  this 
State,  or  a  certified  copy  thereof  signed  by  the  Com- 
missioner of  Finance,  Lights,  and  Market  House. 

17.  Whenever  such  proceedings  are  taken  by  said  Bought  in  by- 
city  as  shall  result  in  the  sale  of  any  lot  of  ground  to   ^o*"- 

pay  any  installment  or  installments  of  such  levies  or 
assessments  as  herein  provided,  the  Commissioner  of 
Finance,  Lights,  and  Market  House  shall  have  the 
right  to  bid  at  such  sale  up  to  the  amount  of  all  of 
the  assessments  that  are  outstanding  against  said 
property;  and  if  said  property  is  struck  off  to  said 


—68— 

Commissioner,  the  title  thereof  shall  be  taken  in  the 
name  of  the  City  of ;  and  said  Com- 
missioner shall  thereafter  have  the  power  to  execute 
Quit  claim  for  a  Quit-claim  deed  of  said  city  to  any  individual  who 

*'''*"•  shall  tender  in  consideration  thereof  the  amount  of 

such  special  assessments  that  may  have  been  levied 
against  such  property,  together  with  all  costs,  inter- 
est, or  charges  that  may  have  been  incurred  in  the 
effort  to  collect  such  assessments. 
18.  Whenever  any  of  the  improvements  made  un- 

ity  scost.  ^^^  ^-^^  provisions  of  this  section  for  which  it  is  here- 
in provided  that  two-thirds  of  the  cost  thereof  shall 
be  paid  by  the  owners  of  abutting  real  property,  the 
municipality  within  whose  corporate  limits  such  im- 
provement is  made  shall  pay  the  remaining  cost  out 
of  any  fund  available  or  provided  for  that  purpose, 
or  that  for  the  purpose  of  raising  funds  with  which 
to  pay  that  portion  of  the  cost  of  improvements 
chargeable  against  the  municipality  as  herein  au- 
thorized, said  municipality  shall  have  the  power  and 
authority  to  issue  negotiable  bonds,  to  be  termed 
"General   Improvement   Bonds,"   as   distinguished 

proveme""  from  tlic  bouds  authorized  by  a  preceding  subsection 

Bonds.'  ^^  ^i^.g  ggg^JQjj^  ^Q  3JJ  amount  in  par  value  not  ex- 
ceeding one-third  of  the  estimated  cost  of  any  such 
improvement  or  improvements,  and  the  cost  of  in- 
tersections, and  the  cost  of  incidentals  mentioned  in 
a  preceding  subsection,  which  cost  shall  for  this  pur- 
pose be  estimated  by  the  legislative  body  in  an  ordi- 
nance authorizing  the  issuance  of  said  bonds.  Said 
bonds  shall  be  payable  to  bearer  in  lawful  money  of 
the  United  States,  either  at  the  office  of  the  Treas- 
urer of  the  municipality  or  at  such  other  place  in  the 
United  States  as  may  be  designated  in  the  bonds,  and 
shall  be  in  such  form  and  signed  by  such  officials  as 
may  be  provided  in  the  ordinance  directing  their  is- 
suance. In  case  any  of  such  officials  whose  signa- 
tures appear  on  the  bonds  or  coupons  shall  cease  to 
be  such  officials  before  the  delivery  of  such  bonds  to 
the  purchasers,  such  signatures  shall,  nevertheless, 
be  valid  and  sufficient  for  all  purposes,  the  same  as 
if  they  had  remained  in  office  until  the  deliver^'  of  the 
bonds.  The  bonds  authorized  by  this  subsection  shall 
run  for  a  period  not  to  exceed  twenty  years,  at  the 


—69— 

discretion  of  the  Board  of  Commissioners,  and  shall 
bear  interest  at  a  rate  of  not  to  exceed  six  per  cent 
(6%)  per  annum,  as  may  be  designated  in  the  bond, 
payable  semiannually,  and  with  coupons  attached, 
which  may  bear  a  facsimile  signature  or  signatures 
of  the  officers  authorized  by  ordinance  providing  for 
the  issuance  of  said  bonds.  Said  bonds  shall  be  of 
such  denomination  as  the  Board  of  Commissioners 
may  in  the  ordinance  directing  their  issuance  desig- ^^'^  °^  ^°*"^*' 
nate,  and  may  be  sold  at  public  or  private  sale,  but 
not  for  less  than  par  and  accrued  interest.  Said 
bonds  shall  be  the  absolute  and  general  obligations 
of  the  city  directing  their  issuance;  and  the  Board 
of  Commissioners  of  said  city,  notwithstanding  any 
previous  or  subsequent  sections  of  this  Act,  shall 
levy  annually  a  sufficient  special  tax,  not  exceeding 
two  mills  on  the  dollar,  on  the  assessed  valuation  of 
all  the  taxable  property  in  said  city,  to  provide  for 
the  payment  of  that  portion  of  improvements  herein 
authorized  chargeable  against  the  city  proper,  and 
to  provide  a  fund  with  which  to  pay  interest  on  bonds 
authorized  to  be  issued  by  this  subsection,  and  to 
provide  a  sinking  fund  for  the  payment  of  any  bonds 
that  may  be  issued  in  anticipation  of  the  collection 
of  such  tax,  which  fund  so  provided  shall  not  be  used 
or  appropriated  to  any  other  purpose  or  purposes 
than  the  payment  of  such  portion  of  the  cost  of  such 
improvement  or  bonds  and  the  interest  thereon. 
Bonds  issued  under  this  subsection  may  be  issued 
by  the  Board  of  Commissioners  of  said  city  by  ordi- 
nance, and  the  provisions  of  Sections  *26  and  27 
of  this  Act  shall  not  apply  to  bonds  issued  under  this 
subsection.  After  the  passage  of  any  ordinance  au- 
thorizing the  issuance  of  bonds  under  this  subsec- 
tion, any  proceeding  authorizing  the  advertisement  ^ofbond^*"* 
of  sale  or  ward  of  the  bonds  may  be  had  by  order  or 
resolution  made  at  a  single  meeting  or  session  of  the 
Board  of  Commissioners  of  said  city,  and  need  not 
be  made  by  ordinance. 

Any  such  general  improvement  bonds  as  desig- 
nated in  this  section  may,  in  the  discretion  of  the   -general 
Board  of  Commissioners  of  said  city,  be  issued  in    *mem°'^ 
substantially  the  following  form,  or  in  such  other 

'Orifirinal  Act,  clerical  error,  "  28  and  29." 


—70- 

form  as  the  said  Board  of  Commissioners  of  said 
city  may  from  time  to  time  prescribe.  Such  form  is 
as  follows — to  wit: 

United  States  of  America, 
State  of  Tennessee, 

City  of , 

General  Improvement  Bond. 
No Series $ 

The  City  of ,  a  municipal  corpo- 
ration organized  and  existing  under  the  laws  of  the 
State  of  Tennessee,  for  value  received,  hereby  ac- 
knowledges itself  indebted  and  promises  to  pay  to 
the  bearer  the  sum  of dollars,  in  law- 
ful money  of  the  United  States,  on  the  first  day  of 

,  19 .... ,  with  interest  thereon  at 

the  rate  of per  cent  per  annum,  payable 

semiannually,  on  the  first  day  of 

and of  each  year,  until  this  bond 

is  paid,  upon  presentation  and  surrender  of  the  an- 
nexed coupons  as  they  severally  fall  due,  both  prin- 
cipal and  interest  being  payable  at  the  office  of  the 

City ,  in ,  Tenn., 

or  at  the  office  of ,  in 

,  at  the  option  of  the  holder. 

This  bond  is  issued  under  and  in  pursuance  of  and 
in  strict  conformity  with  an  Act  of  the  General  As- 
sembly of  the  State  of  Tennessee,  approved 

,  19 .... ,  being  Chapter of  the 

Acts  of  19. . . .,  and  other  statutes,  and  the  Constitu- 
tion of  the  State  of  Tennessee,  and  the  charter  of 

said  city  of ,  in  such  cases  made 

and  provided,  and  under  and  pursuant  to  ordinance 
and  proceedings  of  said  city  duly  adopted  and  had, 
to  provide  means  to  pay  not  exceeding  one-third  of 
the  estimated  cost  of  certain  street  improvements. 

It  is  hereby  certified,  recited,  and  declared  that  all 
acts,  conditions,  and  things  required  to  be  done,  exist, 
and  be  performed  precedent  to  and  in  the  issuance 
of  this  bond  in  order  to  make  this  bond  a  legal,  valid, 

and  binding  obligation  of  the  City  of , 

have  been  done,  existed,  and  been  performed,  in  reg- 
ular and  due  time,  form,  and  manner  as  required  by 
law,  and  that  the  indebtedness  represented  by  this 


—71— 

bond,  together  with  all  other  indebtedness  of  said 
city,  does  not  exceed  any  limit  prescribed  by  the  Con- 
stitution or  statutes  of  said  State  or  the  charter  of 
said  city.     The  full  faith  and  credit  of  the  City  of 

are  hereby  pledged  to  the  prompt 

payment  of  principal  and  interest  of  this  bond  as 
same  becomes  due. 
In  witness  whereof,   the  Mayor  of  the  City   of 

and  City of  said 

city  have  signed  this  bond  and  attached  the  seal  of 
the  city  and  caused  the  interest  coupons  hereto  at- 
tached to  be  signed  with  the  facsimile  signatures  of 

said  Mayor  and  said  City ,  and  this 

bond  to  be  dated  first  day  of 

19.... 


Mayor. 
'6ity'.'.'.'.'.'.'.'.'.'.'.'.'.y... 


(Form  of  Coupon.) 

No $ 

On  the  first  day  of ,  19 .... ,  the 

City  of ,  Tenn.,  will  pay  to  the 

bearer  at  the  office  of  City ,  in 

,  Tenn.,  or  at  the  office  of 

,  in ,  at 

the  option  of  the  holder, 

dollars,  being  six  months'  interest  then  due  on  Gen- 
eral Improvement  Bond  of  said  city,  dated  the  first 

day  of ,  19 . . . . 

Series No 


Mayor. 

city'.V.V.V.V.V.'.'.V.. 


lot 


18.  That  any  failure  on  the  part  of  said  city  to  Bonds  nc 
comply  with  any  of  the  various  subsections  of  this  efro'i's^.'^  ""^ 
section,  and  any  failure  in  the  existence  or  perform- 
ance of  any  conditions  precedent  to  the  issuance  of 
any  such  general  improvement  bonds  as  herein- 
above provided  and  authorized  to  be  issued  by  the 
preceding  subsection  of  this  section,  shall  not  affect 


—72- 


Invalidities 
localized. 


Vacancies — 
how  filled. 


the  validity  of  said  bonds  or  the  levy  of  tax  made 
under  authority  of  the  precedin*^  subsection  of  this 
section,  but  the  same  shall  be  in  all  respects  valid 
and  binding. 

19.  This  section  of  this  Act  is  intended  to  enable 
the  municipality  governed  thereby  to  make  munici- 
pal improvements  by  assessing  the  benefits  thereof  to 
the  individuals  and  lot  owners  benefited  thereby;  but 
if  this  section  (5r  any  part  thereof  should  be  declared 
to  be  unconstitutional,  then  such  unconstitutionality 
shall  not  be  construed  to  affect  the  remaining  por- 
tions of  this  Act  or  remaining  portions  of  this  sec- 
tion, as  the  case  may  be,  it  being  the  purpose  of  this 
Legislature  to  enact  the  remaining  sections  of  this 
Act  or  the  remaining  subsections  of  this  section  as  if 
this  section  or  any  subsection  thereof  were  omitted. 

Sec.  43.  Be  it  further  enacted,  That  in  the  event 
of  the  death,  resignation,  inability,  or  refusal  to 
serve,  or  removal  of  any  officer  or  employee  of  the 
city,  other  than  a  member  of  the  Board  of  Commis- 
sioners, it  shall  be  the  right  and  duty  of  the  Board 
of  Commissioners  to  elect  as  soon  as  practicable  a 
successor  to  fill  the  vacancy;  and  if  no  election  be 
had  within  thirty  (30)  days  after  such  vacancy  oc- 
curs, the  Mayor  shall  have  the  right,  and  it  shall  be 
his  duty,  to  appoint  some  fit  person  to  fill  such  va- 
cancy until  an  election  by  the  Board  of  Commission- 
ers shall  occur.  The  election  by  said  Board  to  fill 
such  vacancy  shall  be  on  nomination  by  the  Commis- 
sioner of  the  department  to  which  such  officer  be- 
longs. In  event  of  the  temporary  absence  or  disabil- 
ity of  any  officer  other  than  a  member  of  the  Board 
of  Commissioners,  the  Board  shall,  if  a  majority  of 
the  members  thereof  see  fit,  have  the  power  to  ap- 
point some  proper  person  to  act  in  the  place  and 
stead  of  such  officer  during  the  absence  or  disability, 
and  to  provide  for  the  compensation  of  such  person 
temporarily  discharging  the  duties  of  said  officer; 
provided,  however,  that  there  shall  be  no  deduction 
from  the  salary  of  the  regular  incumbent  of  said  of- 
fice during  such  absence  or  disability,  unless  the 
Board  shall  by  resolution  declare  the  absence  from 
office  of  such  incumbent  to  be  without  excuse. 

Sec.  44.    Be  it  further  enacted,  That  all  officers 


—73— 
and  employees  who  shall  be  employed  by  the  Board  corrupt 

•  .  practices 

of  Commissioners  of  said  city  shall  be  elected  or  ap- 
pointed with  reference  to  their  qualifications  and  fit- 
ness, and  for  the  good  of  the  public  service,  and 
without  reference  to  their  political  faith  or  party  af- 
filiation; and  that  it  shall  be  unlawful  for  any  can- 
didate for  office,  whether  for  a  position  on  the  Board 
of  Commissioners  or  otherwise,  in  the  employment 
of  said  city,  to  directly  or  indirectly  give  or  promise 
any  person  or  persons  any  office,  employment,  ben- 
efit, or  anything  of  value,  for  the  purpose  of  influ- 
encing or  obtaining  the  political  support,  aid,  or  vote 
of  any  person  or  persons ;  and  a  violation  of  this  pro- 
vision of  this  Act  shall  constitute  a  misdemeanor, 
and,  in  addition  to  being  sufficient  cause  for  the  re- 
call of  such  officer  or  officers  as  herebefore  provided, 
the  person  so  offending  shall,  upon  conviction,  be  ■ 
fined  not  less  than  five  hundred  dollars  ($500)  nor 
more  than  one  thousand  dollars  ($1,000)  and  im- 
prisoned for  not  less  than  six  (6)  months  nor  more 
than  one  (1)  year. 

Sec.  45.    Be  it  further  enacted,  That  the  word  definition  of 
''Commissioner"  or  "Commissioners"  as  used  in    '^^q^^\^' 
this  Act  shall  be  construed  as  embracing  the  Mayor, 
unless  the  contrary  is  plainly  indicated. 

Sec.  46.  Be  it  further  enacted,  That  this  Act  is  public  Act. 
hereby  declared  to  be  a  public  Act,  and  may  be  read 
in  evidence  in  all  courts  of  law  and  equity,  which 
shall  take  judicial  notice  hereof;  and  all  ordinances, 
resolutions,  and  proceedings  of  said  city  may  be 
proved  by  the  seal  of  the  corporation,  attested  by  the 
clerk  to  the  Board  of  Commissioners;  and  when 
printed  and  published  by  authority  of  the  corpora- 
tion, the  same  shall  be  received  in  evidence  in  all 
courts  and  places  without  further  proof. 

Sec.  47.  Be  it  further  enacted,  That  the  right,  title,  ,j,^^^^j.^^^f 
and  ownership  of  all  property  and  all  uncollected   {^^bimies" 
taxes,  dues,  claims,  judgments,  decrees,  and  choses   *t'-^ 
in  action,  and  all  other  property  whatsoever — real, 
personal,  or  mixed — belonging  to,  held,  or  owned  by 
said  city,  shall  be,  and  are  hereby,  transferred  to 
and  vested  in  the  corporation  chartered  and  organ- 
ized under  this  Act,  with  full  power  in  the  municipal 
corporation  chartered  under  this  Act  to  enforce  all 


-74- 


Former 
ordinances 
adopted. 


Isolating 
invaliclities 


ri*^lits  of  tlie  municipal  corporation  which  it  super- 
sedes. Said  corporation  under  this  Act  shall  answer 
and  be  liable  for  all  debts,  contracts,  and  oblig-ations 
of  the  corporation  which  it  succeeds,  in  the  same  man- 
ner and  proportion  and  to  the  same  extent  as  said 
municipal  corporation  is  liable  under  existing  laws. 
Complete  ^'^^'  ^8.    Bc  U  furthcr  enacted,  That  this  Act  is 

system  of     hercbv  declared  to  be  a  complete  system  of  munici- 

governnient.  •'  .  ,      .  ,  ^^  »^ 

pal  government  for  said  city ;  and  no  oincer  or  officers 
shall  have  or  exercise  any  power  or  authority  not 
herein  conferred,  anything  in  former  Acts  pertain- 
ing to  and  covering  said  city  to  the  contrary  notwith- 
standing. 

Sec.  49.  Be  it  further  enacted,  That  all  ordinances, 
resolutions,  and  by-laws  duly  enacted  and  in  force 
when  this  Act  becomes  effective,  and  not  inconsistent 
with  its  provisions,  shall  not  be  considered  as  being- 
repealed,  but  shall  remain  in  full  force  and  effect  un- 
til repealed,  modified,  or  amended  as  herein  provided. 

Sec.  50.  Be  it  further  enacted.  That  each  section 
of  this  Act  is  hereby  declared  to  be  separate  and 
independent  from  every  otlier  flection  hereof;  and 
the  invalidity  of  any  section  or  sections  hereof  shall 
not  be  construed  as  affecting  the  validity  of  the  re- 
maining sections,  as  the  same  would  have  been  passed 
by  the  General  Assembly  if  such  invalid  section  or 
sections,  if  any,  had  been  stricken  out  before  the  pas- 
sage of  this  Act. 

Sec.  51.  Be  it  further  enacted.  That  any  officer 
elected  by  the  people,  or  holding  by  appointment  for 
a  definite  term,  shall  continue  to  serve  out  the  term 
for  which  he  was  elected  or  appointed,  and  at  the 
same  compensation,  if  any,  provided  by  law  at  the 
time  of  his  election  or  appointment ;  but  on  the  expi- 
ration of  said  elective  or  appointive  term,  all  said  of- 
ficers, except  the  five  (5)  members  of  the  Board  of 
Commissioners,  shall  be  appointed  as  herein  pro- 
vided; provided,  however,  that  the  two  members  of 
the  former  Board  of  Public  Works  shall  receive  the 
compensation  provided  by  this  Act. 

Sec.  52.  Be  it  further  enacted.  That  all  laws  or 
parts  of  laws  in  conflict  herewith  be,  and  the  same 
are  hereby,  repealed. 

Sec.  53.    Be  it  further  enacted,  That  an  election 


Oflacials  hold 
ing  over. 


Repeal. 


—75— 

shall  be  held  on  the  second  Thursday  in  September  t^i,^^  ^jj^^^ 
in  1913,  in  conformity  with  the  provisions  of  this 
Act,  for  the  purpose  of  choosing  a  Mayor  and  the 
two  Commissioners  desi^ated  in  Section  4  hereof, 
and  for  no  other  purpose,  and  that  the  other  provi- 
sions of  this  Act  shall  take  effect  on  the  Tuesday 
following"  the  second  Thursday  in  October,  1913,  it 
being  the  fourteenth  (14th)  day  of  October,  1913,  at 
8  o'clock  A.M.,  the  public  welfare  requiring  it. 

[Sec.   54.    Be    it   further   enacted,   1.     That   the pouceandFire- 
Board  of  Commissioners  is  made  and   designated   "^0° Board. 
for    the    pension    purposes    herein     enacted,     the 
Board  of  Police  and  Fire  Pension  Commissioners. 
Said  Board  is  authorized  and  empowered  to  make  a 
special  tax  levy  not  exceeding  one-tenth  and  not  less 
than  one-twentieth  of  one  mill  on  each  dollar  of  the 
value  of  the  taxable  property  of  such  City;  provided, rax levy. 
however,  that  the  levy  of  said  special  tax  herein  au- 
thorized shall  be  mandatory  upon   said  Board  of 
Commissioners. 

2.  That  the  following  employees  of  the  police  and  ^ho  is  entitled 
fire  departments  of  such  City  shall  be  entitled  to  a    to  pensions, 
pension  under  this  Act,  to-wit : 

la.  Such  members  of  the  police  and  fire  depart- 
ments who  have  served  for  a  continuous  period  of 
twenty-five  years,  and  who,  in  the  judgment  and  dis- 
cretion of  the  Board  of  Commissioners,  may  not 
longer  be  able  to  efficiently  discharge  the  duties  of 
his  position,  and  who  have  com]Dlied  with  the  rules, 
ordinances  and  regulations  governing  the  police  and 
fire  departments,  and  the  pension  provisions,  or 

2a.  If  any  such  member  of  any  such  department 
while  working  within  the  scope  of  his  employment 
is  crip])led  or  disabled,  regardless  of  the  length  of 
time  he  has  been  employed  in  such  department  pre- 
vious to  his  having  sustained  such  disability ;  and 

3a.  Each  such  member  of  such  departments  l)ef ore  pues-when 
he  shall  be  entitled  to  the  benefits  under  this  Act,    p^^*^-. 
shall  pay  annually  on  or  before  the  first  Monday  in 
November  of  each  year,  into  the  City  Treasury,  for 
said  pension  fund  as  follows : 

All  of  the  officers  of  the  police  and  fire  depart- oues-amount. 
ments  of  such  City  shall  pay  six  ($6.00)  Dollars  an- 
nually, on  the  date  aforesaid,  and  all  of  the  patrol- 


—76— 

men  and  firemen  of  tlie  line  shall  pay  Three  ($3.00) 
Dollars  annually  on  the  said  date,  and  no  policeman 
or  fireman  shall  be  entitled  to  any  i^ension  who  is  in 
default  on  said  payment. 

Board-powers     3.  That   the   Said   Board    is   hereby   vested   with 
°^'  power    and    authority    to    make    all    of    the    nec- 

essarj^  rules  and  regulations  for  the  purpose  of 
carrying  out  the  provisions  of  this  Act,  and  to 
accomplish  the  object  and  purposes  thereof.  Said 
Board  shall  have  exclusive  right  to  determine  in  each 
particular  case  whether  or  not  such  members  of  the 
police  and  fire  departments  of  said  City,  as  are  em- 
braced in  Section  2  hereof,  are  entitled  to  pensions, 
under  the  terms  and  provisions  of  this  Act. 

What  pension.  Said  Board  shall  likewise  have  exclusive  riglit  and 
authority  to  determine  the  amount  such  employee 
is  entitled  to  as  a  pension,  but  in  no  case  shall  the 
amount  so  awarded  exceed  one-half  of  the  salaiy  or 
compensation  any  such  employee  was  receiving  from 
the  City  at  the  time  he  was  placed  on  the  pension 
roll  by  the  said  Board,  and  such  pension  shall  cease 
at  the  death  of  the  employee  to  whom  it  was 
awarded. 

Accouut-how      4.  That    all    revenue    raised    on    account   of    the 
^^p^  pension     fund,     whether     under     the     special     tax 

levy  hereby  authorized,  or  from  the  pajTuent 
of  annual  assessment,  or  donations  or  other 
sources,  shall  be  kept  by  the  City  Treasurer  separate 
and  apart  from  all  other  municipal  revenue.  Such 
funds  shall  be  known  as  the  'Police  and  Fire  Pen- 
sion Fund,'  and  the  City  Treasurer  shall  keep  a  sep- 
arate book  in  which  he  shall  enter  each  item  paid  out 
of  such  fund  on  warrants  drawn  thereon  by  said 
Board.  Payments  shall  be  made  monthly  to  the  par- 
ties entitled  thereto,  and  the  City  Treasurer  shall 
make  monthly  reports  to  said  Board  of  the  amount 
expended  during  each  month,  and  also  the  balance 
left  to  the  credit  of  the  pension  fund  at  the  end  of 
each  month.] 

[Sec.  55.  Be  it  further  enacted,  1.  That  said 
issue  of  fifty  thousand  dollars  ($50,000)  of  bonds 
shall "  be  known  as  ' '  Sidewalk  and  Curbing  Con- 
struction Bonds,"  the  proceeds  of  which  shall 
be  deposited  with  the  Treasurer  of  the  [city  of  Nash- 


—77— 

ville]  to  the  credit  of  tlie  [Board  of  Commissioners] 
of  such  city,  and  shall  constitute  a  separate  fund, 
to  be  used  exclusively  in  the  construction  of  curb- 
ings  and  sidewalks  in  the  [city  of  Nashville].  Said 
[Board  of  Commissioners]  shall  have  the  power  to 
expend  such  fund  or  any  portion  thereof  for  the  pur- 
poses herein  provided  in  such  manner  as  they  shall 
deem  proper  and  without  the  necessity  of  the  pas- 
sage of  an  ordinance  authorizing  the  same;  pro- 
vided, hoivever,  that  no  portion  of  said  bonds  sliall 
be  expended  by  said  [Board  of  Commissioners]  un- 
til a  notice  has  been  published  three  times  in  one  of 
the  daily  papers  published  in  said  city,  directing  the 
owners  of  the  property  in  front  of  which  it  is  nec- 
essary to  construct  such  sidewalks  and  curbing  to 
proceed  to  construct  the  same  in  accordance  with 
the  plans  and  specifications  therefor  prepared  by 
said  [Board  of  Commissioners]  and  within  thirty 
days  from  the  date  of  the  first  of  said  notices.  Said 
notices  shall  give  the  name  of  the  ownei'  of  the  prop- 
erty in  front  of  which  such  curbing  or  sidewalk  is 
directed  to  be  constructed,  and  also  the  number  of 
front  feet  of  said  lot,  and  the  number  of  the  lot  and 
the  plan  thereof  if  there  be  such.  But  any  mistake 
as  to  the  name  of  the  owner  of  any  such  lot,  or  the 
number  or  description  of  said  lot  shall  in  no  wise 
invalidate  or  affect  the  lien  upon  said  property  for 
the  sum  of  money  expended  in  the  construction  of 
such  sidewalks  and  curbing. 

2.  That  if  after  the  expiration  of  thirty  days 
from  the  publication  of  the  first  of  said  no- 
tices such  owner  shall  have  failed  to  construct  the 
sidewalk  as  commanded  in  said  notice,  said  Board 
may  proceed  to  construct  the  same  in  like  manner 
as  other  contracts  for  public  improvement  are  en- 
tered into  by  said  Board. 

3.  That  a  list  of  the  several  sums  of  money 
expended  by  said  Board  in  the  construction  of 
sidewalks  and  curbing  shall,  as  soon  as  said  work 
of  construction  is  completed,  be  immediately  deliv- 
ered to  the  Comptroller  of  said  city,  who  shall  enter 
the  same  upon  his  sidewalk  book,  and  shall,  within 
ten  days  after  the  receipt  of  such  list  from  said 
[Board  of  Commissioners],  mail  to  the  owner  or 
agent  of  the  owner  of  each  of  the  lots  of  ground  m 


sidewalk 
assessments 


—78— 

front  of  wliicli  said  sidewalk  or  ('iu'l)iii<4-  liavo  l)een 
constriU'ttMl  a  notice  six'ciJ'yiTi^-  tlio  amount  of  money 
tliat  is  due  for  sneli  construction,  and  i-ecitin<!;  that 
tlie  same  must  be  paid  within  ninety  days  from  that 
date.  If  said  sums  of  money  have  not  been  paid  at 
the  expiration  of  said  ])eriod  of  ninety  days,  it  shall 
!)e  the  duty  of  said  (^)ml)trolier  to  deliver  to  the 
City  Attorney  of  said  city  a  list  of  all  such  delin- 
quents, and  it  shall  be  the  duty  of  the  City  Attor- 
ney to  immediately  and  without  further  notification 
to  the  owners  of  said  pro])erty  proceed  to  collect 
such  sums  by  bill  in  the  Chancery  Court  of  David- 
son County.  Such  bill  may  include  as  many  as 
twenty-five  (25)  distinct  pieces  or  tracts  of  land, 
collected-  |;|j(3  Qwucrs  thercof  bein^-  made  defendants  to  the 
bill,  and  such  cause  shall  not  be  subject  to  objec- 
tion for  misjoinder  by  reason  of  the  distinct  inter- 
est that  several  of  the  defendants  have  in  the  prop- 
erty proceeded  against,  and  all  parties  necessary  to 
ena])le  the  court  to  enforce  the  lien  and  to  divest 
the  title  and  invest  the  same  in  the  purchaser  may 
be  made  party  defendant;  that  should  any  person 
interested  pay  after  bill  filed  and  before  sale  of  land, 
the  [Board  of  Commissioners]  shall  dismiss  the  suit 
as  to  the  persons  and  property  included  in  said  pay- 
ment; provided,  the  persons  so  paying  the  taxes  or 
assessments  shall  pay,  his,  her,  or  its  just  propor- 
tion of  the  cost  accrued  in  said  cost  to  the  date  of 
the  payment ;  and  it  is,  therefore,  provided  that  the 
filing  of  this  bill  shall  in  no  way  defeat  the  rights 
of  the  [city  of  Nashville]  to  the  lien  as  be- 
fore established,  such  bill  being  filed  for  the  pur- 
pose of  enforcing  the  same.  Said  bill  herein  pro- 
vided for  shall  be  in  substance  and  in  form  the  same 
as  other  bills  filed  in  the  Chancery  Court  for  the 
purpose  of  foreclosing  and  enforcing  liens  and  col- 
lecting taxes,  assessments,  or  money  due,  and  for 
divesting  title  and  making  a  title,  but  no  defendants 
shall  be  entitled  to  a  copy  of  the  bill  without  apply- 
ing to  the  Clerk  and  paying  for  such  copy,  nor  shall 
it  be  necessary  that  all  defendants'  names  be  in- 
cluded in  the  copy  of  the  subpoena  to  be  left  with 
said  defendant,  or  in  publication  for  nonresidents. 
Said  cause  shall  be  at  issue  as  to  any  defendant 
when  he,  her,  or  its  answer  is  filed  or  pro  confesso 


—79— 

has  been  taken,  and  the  cause  may  be  proceeded  with 
by  or  against  any  one  or  more  of  the  defendants 
until  final  judgment,  sale,  and  confirmation  thereof 
without  in  any  way  aifecting  any  other  party  to  the 
suit. 

Any  party  to  the  bill  shall  have  the  right  to  appeal 
to  a  Supreme  Court  or  to  a  writ  of  error,  and  such 
bill  shall  not  affect  proceedings  as  to  other  parties. 

It  is  hereby  intended  that  said  sums  of  money  ex- 
pended under  this  Act,  together  with  all  interest,  ^"°"'^°  ^'^" 
costs,  and  charges,  shall  be  and  constitute  a  lien 
upon  the  fee  in  said  lot  or  lots  or  parcels  of  ground 
immediately  hereunder,  and  not  merely  upon  the  in- 
terest of  the  person  or  persons  to  whom  said  assess- 
ment any  levy  may  be  made,  but  to  any  and  all  other 
interests  in  said  property,  whether  in  reversion,  re- 
mainder, or  any  estate  of  any  nature  whatsoever, 
and  said  assessment  shall  not  be  invalid  on  account 
of  said  assessed  property  having  been  leased  or  the 
assessment  made  against  one  as  owner  or  owners 
not  the  owner  or  owners,  or  where  the  owner  or  own- 
ers are  unknown.  The  said  lien  shall  be  prior  and 
su]ierior  to  all  other  liens  or  incumbrances  of  any 
nature  whatsoever,  except  State,  county,  and  munic- 
ipal taxes. 

Said  liens  shall  attach  when  the  [Board  of  Com- 
missioners] shall  have  ordered  a  notice  of  publica- 
tion to  be  made  directing  the  owner  or  owners  of  the  ^'Iwhen':''^^ 
property  in  front  of  which  it  is  necessary  to  con- 
struct such  sidewalks  and  curbings  to  proceed  to 
construct  same  in  accordance  with  the  iilans  and 
specifications  prepared  by  the  [Board  of  Commis- 
sioners], and  said  order  shall  be  entered  upon  the 
minute  book  of  the  [Board  of  Commissioners]  and 
sliall  become  a  notice  and  fix  the  lien  as  to  all  par- 
ties who  may  have  acquired  prior  thereto  any  title, 
right,  or  interest  in  or  to  said  lot  or  parcel  of  ground, 
or  who  may  acquire  any  such  title,  right,  or  interest 
subsequent  thereto. 

The  City  Attorney  is  authorized  to  have  an  ab- 
stract of  the  title  made  to  such  lot  or  lots  or  par- 
cels of  ground,  and  the  expense  or  interest  thereof 
charged  as  an  item  in  the  collection  of  said  assess- 
ment. 

4.  That   all  moneys   expended  for  the   construe- 


—80— 

tion  of  ourl)inft'  and  sidewalks  out  of  the  proceeds 
of  the  bonds  whose  issuance  is  here  author- 
ized shall,  when  collocted  from  the  ))erson,  fii-ms,  or 
corporations  upon  whoso  property  such  cost  of  con- 
struction shall  have  become  a  lien  as  heretofore  pro- 
vided, be  a^'ain  dei)osited  with  the  Treasurer  of  said 
city,  and  shall  be  a^'ain  used  for  the  construction 
of  other  sidewalks  and  curbinft's  in  said  city.  The 
money  hereinbefore  provided  for  the  construction  of 
curbings  and  sidewalks  shall  never,  in  any  way,  be 
included  in  anv  of  the  annual  budgets  of  said  city, 
but  it  is  intended  that  said  money  shall  be  again  used 
in  the  construction  of  sidewalks  as  rapidly  as  it  is 
collected.] 
Passed  February  U,  1913. 

Newton  H.  White, 
Speaker  of  the  Senate. 

W.  M.  Stanton, 
Speaker  of  the  House  of  Representatives. 

Approved ,  19 . . . . 


Governor. 

Senate  Bill  No.  236  having  been  held  by  the  Gov- 
ernor for  more  than  five  days  and  returned  by  him 
without  his  signature,  becomes  a  law  without  his  ap- 
proval, as  prescribed  by  the  Constitution. 

February  19, 1913.  Fulton, 

Chief  Clerk  of  Senate. 


—SI- 


CHAPTER  NO.  253. 
House  Bill  No.  728. 

AN  ACT  to  be  entitled  "An  Act  to  amend  an  Act  entitled  'An 
Act  to  create  a  Municipal  corporation  to  be  known  as  the  City 
of  Nashville  and  to  define  its  rights,  powers,  duties,  and  obli- 
gations, and  to  repeal  all  laws  or  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act,'  being  Chapter  22,  Acts  of  1913,  by 
authorizing  said  City  to  make  a  special  tax  levy  and  to  raise 
funds  for  granting  to  certain  employees  of  the  Police  and  Fire 
Department  of  such  City,  pensions,  and  to  create  a  Board  for 
this  purpose,  and  to  give  it  power  and  authority  to  make  rules 
and  regulations  governing  the  granting  of  such  pensions." 

Section  1.  Be  it  enacted  hy  the  General  Assewhly 
of  the  State  of  Tennessee,  That  an  Act  entitled  'An 
Act  to  create  a  Municipal  Corporation  to  lie  known 
as  the  City  of  Nashville,  and  to  define  its  rights,  du- 
ties, powers  and  ohligations,  and  to  repeal  all  laws 
or  parts  of  laws  in  conflict  Avitli  the  provisions  of  this 
Act,''  being  Chapter  22,  Acts  of  1913,  and  the  same 
is  hereby  amended  as  follows : 

That  the  Board  of  Commissioners  is  made  and 
designated  for  the  pension  purposes  herein  enacted, 
the  Board  of  Police  and  Fire  Pension  Commission- 
ers. Said  Board  is  authorized  and  empowered  to 
make  a  special  tax  \qyj  not  exceeding  one-tenth  and 
not  less  than  one-twentieth  of  one  mill  on  each  dol- 
lar of  the  value  of  the  taxable  property  of  such  City; 
provided,  hoivever,  that  the  levy  of  said  special  tax 
herein  authorized  shall  be  mandatory  upon  said 
Board  of  Commissioners. 

Section  2.  Be  it  further  enaeted,  That  the  follow- 
ing employees  of  the  police  and  fire  departments  of 
such  City  shall  be  entitled  to  a  pension  under  this 
Act,  to-wit: 

1.  Such  members  of  the  police  and  fire  depart- 
ments who  have  served  for  a  continuous  period  of 
twenty-five  years,  and  who.  in  the  judgment  and  dis- 
cretion of  the  Board  of  Commissioners,  may  not 
longer  be  able  to  efficiently  discharge  the  duties  of 
his  position,  and  who  have  complied  with  the  rules. 


—82— 

ordinancGs  and  rt'i^uhiiioiis  ^^oveniirift-  the  police  and 
fire  departments,  and  the  jiension  provisions;  or 

2.  If  any  siieli  nKMnl)er  of  any  sncli  department 
wliile  working  within  the  scoi)e  of  his  em])loyment 
is  crippled  or  disabled,  regardless  of  the  length  of 
time  he  has  been  employed  in  snch  department  pre- 
vious to  his  having  sustained  such  disal)i1ity;  and 

3,  Each  such  member  of  sucli  departments  before 
he  shall  be  entitk^d  to  the  benefits  under  this  Act, 
shall  pay  annually  on  or  before  the  first  Monday  in 
November  of  each  year,  into  the  City  Treasury,  for 
said  pension  fund  as  follows : 

All  of  the  officers  of  the  police  and  fire  depart- 
ments of  such  City  shall  pay  six  ($6.00)  Dollars  an- 
nually, on  the  date  aforesaid,  and  all  of  the  patrol- 
men and  firemen  of  the  line  shall  pay  Three  ($3.00) 
Dollars  annual  1)^  on  the  said  date,  and  no  policeman 
or  fireman  shall  be  entitled  to  any  pension  who  is  in 
default  on  said  payment. 

SECTioisr  3.  Be  it  further  enacted,  That  the  said 
Board  is  hereby  vested  with  power  and  authority  to 
make  all  of  the  necessary  rules  and  regulations  for 
the  purpose  of  carrying  out  the  provisions  of  this 
Act,  and  to  accomplish  the  object  and  purposes 
thereof.  Said  Board  shall  have  exclusive  right  to 
determine  in  each  particular  case  whether  or  not 
such  members  of  the  police  and  fire  de]3artments  of 
such  City,  as  are  embraced  in  Section  2  hereof,  are 
entitled  to  pensions,  under  the  terms  and  provisions 
of  this  Act. 

Said  Board  shall  likewise  have  exclusive  right  and 
authority  to  determine  the  amount  such  employee 
is  entitled  to  as  a  pension,  but  in  no  case  shall  the 
amount  so  awarded  exceed  one-half  of  the  salary  or 
compensation  any  such  employee  was  receiving  from 
the  City  at  the  time  he  was  placed  on  the  ]3ension 
roll  by  the  said  Board,  and  such  pension  shall  cease 
at  the  death  of  the  employee  to  whom  it  was 
awarded. 

Section  4.  Be  it  further  enacted,  That  all  revenue 
raised  on  account  of  the  pension  fund,  whether  under 
the  special  tax  \evy  hereby  authorized,  or  from  the 
payment  of  annual  assessment,  or  donations  or  other 
sources,  shall  be  kept  by  the  City  Treasurer  separate 
and  apart  from  all  other  municipal  revenue.     Such 


—83— 

funds  shall  be  known  as  the  'Police  and  Fire  Pen- 
sion Fund,'  and  the  City  Treasurer  shall  keep  a  sep- 
arate book  in  which  he  shall  enter  each  item  paid  out 
of  such  fund  on  warrants  drawn  thereon  by  said 
Board.  Payments  shall  be  made  monthly  to  the  par- 
ties entitled  thereto,  and  the  City  Treasurer  shall 
make  monthly  reports  to  said  Board  of  the  amount 
expended  during  each  month,  and  also  the  balance 
left  to  the  credit  of  the  pension  fund  at  the  end  of 
each  month. 

Section  5.  Be  it  further  enacted,  That  this  Act 
take  effect  on  October  14,  1913,  the  public  welfare 
requiring  it. 

Passed  April  3,  1913. 

W.  M.  Stanton, 
Speaker  of  the  House  of  Representatives, 

Newton  H.  White, 
Speaker  of  the  Senate. 

Approved,  April  8,  1913. 

Ben  W.  Hooper, 
Governor. 


CHAPTER  NO.  265. 
House  Bill  No.  723. 

AN  ACT  to  extend  the  corporate  limits  of  the  City  of  Nashville. 

Section  1.  Be  it  enacted  hy  the  General  Assembly 

of  the  State  of  Tennessee,  That  the  corporate  limits 
of  the  City  of  Nashville  be  so  enlarged  and  extended 
as  to  run  as  follows: 

Beginning  on  the  corporation  line  of  the  City  of 
Nashville  on  the  Easterly  margin  of  Rains  Avenue 
at  the  intersection  of  Morton  (Mallory)  Street;  run- 
ning thence  Southwardly  with  the  easterly  margin  of 
Rains  Avenue  to  the  Northerly  boundary  line  of 
property  of  the  State  Fair  Association;  thence  loop- 
ing around  said  State  Fair  property  following  its 
several  boundary  lines  to  and  across  Rains  Avenue 


—84— 

to  the  westerly  margin  thereof;  thence  northwardly 
with  the  westerly  margin  of  said  Rains  Avenue  to 
and  intersecting  with  the  said  corporation  line  at 
Morton  (Mallory)  Street. 

vSectton  2.  Be  it  further  ^enacted,  That  this  Act 
take  effect  from  and  after  its  passage,  the  public 
welfare  requiring  it. 

Passed  April  8,  1913. 

W.  M.  Stanton, 
^  Speaker  of  the  House  of  Representatives. 

Newton  H.  White, 
Speaker  of  the  Senate. 

Approved  April  14,  1913. 

Ben  W.  Hooper, 
Governor. 


CHAPTER  NO.  304. 
House  Bill  No.  731. 

AN  ACT  to  be  entitled,  "An  Act  to  amend  an  Act  entitled,  'An 
Act  to  create  a  Municipal  Corporation  to  be  known  as  the 
City  of  Nashville,  to  define  its  Rights,  Powers,  Duties  and  Ob- 
ligations, and  to  repeal  all  laws  or  parts  of  laws  in  conflict 
with  the  provisions  of  this  Act '  being  Chapter  22,  Acts  of 
the  General  Assembly  of  the  State  of  Tennessee  1913,  by  amend- 
ing the  same  so  as  to  provide  that  certain  funds  paid  into  the 
Revenue  Department  shall  become  accessible  during  the  cur- 
rent year,  to  the  orders  of  the  Street  Department  at  once,  and 
providing  for  the  method  of  accounting  for  same." 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  Chapter  22,  Acts  of 
the  General  Assembly  of  the  State  of  Tennessee 
1913,  which  created  a  municipal  corporation  known 
and  designated  as  the  City  of  Nashville,  and  which 
defines  its  rights,  powers,  duties  and  obligations, 
and  which  repeals  all  laws  or  parts  of  laws  in  con- 
flict with  the  provisions  of  said  Act  be,  and  the  same 
is  hereby  amended  as  follows,  by  amending  Section 
20,  of  said  Act,  as  follows : 

''That  said  municipality  of  the  City  of  Nashville 


—85— 

be  and  the  same  is  hereby  authorized  and  empow- 
ered to  direct  the  Revenue  Department  to  keep  a  sep- 
arate account  of  all  money  turned  into  the  Revenue 
Department,  and  which  becomes  a  part  of  the  moneys 
of  the  Street  Department,  from  the  Nashville  Rail- 
way and  Light  Company,  the  Nashville  Gas  and 
Heating  Company,  and  for  all  privileges  from 
plumbers  and  others,  for  excavations,  and  the  said 
amounts  so  received  shall  be  credited  to  the  Street 
Department  for  the  use  of  said  Department  and  the 
same  shall  be  subject  to  use  by  the  Street  Depart- 
ment in  addition  to  the  amount  provided  by  the 
Mayor  and  City  Council  in  the  annual  budget,  during 
the  current  year  in  which  the  same  are  paid  in. ' ' 

Section  2.  Be  it  further  enacted,  That  this  Act 
take  effect  from  and  after  October  14,  1913,  the  pub- 
lic welfare  requiring  it. 

Passed  April  11,  1913. 

W.  M.  Stanton, 
Speaker  of  the  House  of  Representatives. 


Newton  H.  White, 
Speaker  of  the  Senate. 


Approved 


Governor. 


This  bill  was  returned  to  the  House  by  the  Gov- 
ernor on  April  25,  1913  after  having  been  held  by 
him  more  than  five  days. 

Chas,  Cason, 
Chief  Clerk  of  the  House. 


—86- 


CHAPTER  NO.  308. 
House  Bttj.  No.  975. 

A  BILL  to  be  entitled  "An  Act  to  amend  an  Act  entitled  'An  Act 
to  create  a  Municipal  Corporation  to  be  known  as  the  City  of 
Nashville,  and  to  define  its  rights,  powers,  duties  and  obliga- 
tions, and  to  repeal  all  laws  or  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act,'  by  amending  Section  42,  sub-sec- 
tions 9  and  18,  by  striking  out  the  figures,  "  28  "  and  "  29  " 
after  the  words,  "And  the  provisions  of  sections  "  and  before 
the  words  '  of  this  Act  shall  not  apply,'  and  substituting  in 
lieu  thereof  the  figures  "  26  "  and  "  28." 

Section  1.  Be  it  enacted  hy  the  General  Assembly 
of  the  State  of  Tennessee,  That  Sec.  42,  sub-section 
9  and  18,  of  Chapter  22,  Acts  of  1913,  being  an  Act 
to  create  a  municipal  corporation  to  be  known  as 
the  City  of  Nashville  and  to  define  its  rights,  pow- 
ers, duties  and  obligations,  be  amended  by  striking 
out  the  figures  "28"  and  "29,"  after  the  words 
"and  the  provisions  of  sections,"  and  before  the 
words  "of  this  Act  shall  not  apply,"  and  substitut- 
ing in  lieu  thereof  the  figures  "26"  and  "27." 

Section  2.  Be  it  further  enacted,  That  this  Act 
take  effect  from  and  after  October  14,  1913,  the  pub- 
lic welfare  requiring  it. 

Passed  April  11,*^  1913. 

W.  M.  Stanton, 
Speaker  of  the  House  of  Representatives. 


Newton  H.  White, 
Speaker  of  the  Senate. 


Approved 


Governor. 


This  bill  was  returned  to  the  House  by  the  Gov- 
enior  on  April  25,  1913  after  having  been  held  by 
him  more  than  five  days. 

Chas.  Cason, 
Chief  Clerk  of  the  House. 


—87— 


CHAPTER  158. 
Senate  Bill  No.  190. 

AN  ACT  to  be  entitled  "An  Act  to  authorize  the  Mayor  and  City 
Council  of  Nashville,  a  municipality  organized  under  the  Acts 
of  the  General  Assembly  passed  March  21,  1883,  and  approved 
March  27,  1883,  and  subsequent  amendments  thereof,  to  issue 
bonds  for  the  construction  of  sidewalks  and  curbing  in  said 
city  when  authorized  by  the  Mayor  and  City  Council  of  Nash- 
ville, and  to  provide  for  the  manner  of  the  expenditure  of  the 
proceeds  of  the  sale  of  such  bonds  and  for  the  collection  there- 
of from  the  owners  of  real  estate  in  front  of  which  such  side- 
walks or  curbings  have  been  constructed." 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  the  Mayor  and  City 
Council  of  Nashville,  a  municipality  organized  un- 
der the  Acts  of  the  General  Assembly  of  the  State 
of  Tennessee,  being  Chapter  114  of  the  Acts  of  1883, 
is  hereby  empowered,  in  its  corporate  capacity  and 
under  the  provisions  of  the  Act  referred  to  and  sub- 
sequent amendments  thereof,  to  issue  bonds  of  the 
said  city,  signed  by  the  Mayor  and  countersigned 
by  the  Recorder,  with  semiannual  interest  coupons 
attached,  v/hich  shall  be  signed  by  the  Treasurer  of 
said  city,  to  an  amount  not  exceeding  fifty  thousand 
dollars. 

Sec.  2.  Be  it  further  enacted,  That  the  bonds  here- 
in provided  for  may  be  executed  in  denominations 
from  one  hundred  dollars  to  one  thousand  dollars, 
and  they  shall  mature  and  be  redeemable  at  such 
time  within  thirty  years  as  may  be  prescribed  by 
the  corporate  ordinance  authorizing  the  issuance  of 
said  bonds.  Said  bonds  shall  bear  a  rate  of  interest 
not  exceeding  four  and  one-half  per  cent  per  annum, 
payable  semiannually. 

Sec  3.  Be  it  further  enacted,  That  said  issue  of  purposes, 
fifty  thousand  dollars  of  bonds  shall  be  known  as 
"Sidewalk  and  Curbing  Construction  Bonds,"  the 
proceeds  of  which  shall  be  deposited  with  the  Treas- 
urer of  the  Mayor  and  City  Council  of  Nashville  to 
the  credit  of  the  Board  of  Public  Works  of  such  city, 
and  shall  constitute  a  separate  fund,  to  be  used  ex- 


—88— 

clusively  in  the  construction  of  cur)}ings  and  side- 
walks in  the  city  of  Nashville.  Said  Board  of  Pub- 
lic Works  shall  have  the  power  to  expend  such  fund 
or  any  portion  thereof  for  the  purposes  herein  pro- 
vided in  such  manner  as  they  shall  deem  proper  and 
without  the  necessity  of  the  passage  of  an  ordinance 
authorizing  the  same;  provided,  however,  that  no 
portion  of  said  bonds  shall  be  expended  by  said 
Board  of  Public  Works  until  a  notice  has  been  pul)- 
lished  tliree  times  in  one  of  tiie  daily  papers  pu))- 
lished  in  said  city  directing  the  owners  of  the  prop- 
erty in  front  of  which,  it  is  necessary  to  constinct 
such  sidew^aiks  and  curbing  to  proceed  to  construct 
tile  same  in  accordance  with  the  plans  and  specifica- 
tions therefor  prepared  by  said  Board  of  Public 
Works  and  within  thirty  days  from  the  date  of  the 
first  of  said  notices:  Said  notices  shall  give  the 
name  of  the  owner  of  the  property  in  front  of  which 
such  curbing  or  sidewalk  is  directed  to  be  con- 
structed, and  also  the  number  of  front  feet  of  said 
lot,  and  the  number  of  the  lot  and  the  plan  thereof, 
if  there  be  such.  But  any  mistake  as  to  the  name 
of  the  owner  of  any  such  lot  or  the  number  or  de- 
scription of  said  lot  shall  in  no  wise  invalidate  or 
effect  the  lien  upon  said  property  for  the  sum  of 
money  expended  in  the  construction  of  such  side- 
walk and  curbing. 

Sec.  4.  Be  it  further  enacted,  That  if  after  the  ex- 
piration of  thirty  days  from  the  publication  of  the 
first  of  said  notices  such  owner  shall  have  failed  to 
construct  the  sidewalk  or  curbing  as  commanded  in 
said  notice,  said  Board  may  proceed  to  construct  the 
same  in  like  manner  as  other  contracts  for  public 
improvements  are  entered  into  by  said  Board, 

Sec.  5.  B-s  it  further  enacted,  That  a  list  of  the 
given  owner  scvcral  suuis  of  moucv  expended  by  said  Board  in 
due'by^him.  tlie  coustruction  of  sidewalks  and  curbing  shall,  as 
soon  as  said  work  of  construction  is  completed,  be 
immediately  delivered  to  the  Comptroller  of  said 
city,  who  shall  enter  the  same  upon  his  sidewalk 
book,  and  shall,  within  ten  days  after  the  receipt  of 
such  list  from  said  Board  of  Public  Works,  mail  to 
the  owner  or  the  agent  of  the  owner  of  each  of  the 
lots  of  ground  in  front  of  which  said  sidewalk  or 
curbing  have  been  constructed  a  notice  specifying 


Notice  to  be 


—89— 

the  amount  of  money  that  is  due  for  such  construc- 
tion and  reciting  that  tlie  same  must  be  paid  within 
ninety  days  from  that  date.  If  said  sum  sof  money 
have  not  been  paid  at  the  expiration  of  said  period 
of  ninety  days,  it  shall  be  the  duty  of  said  Comp- 
troller to  deliver  to  the  City  Attorney  of  said  city 
a  list  of  all  such  delinquents,  and  it  shall  be  the  duty 
of  the  City  Attorney  to  immediately  and  without  Delinquent 
further  notification  to  the  owners  of  said  property  ^'^*' 
l)roceed  to  collect  such  sums  by  attachment  sued  out 
l)efore  a  Justice  of  the  Peace  as  other  liens  are  en- 
forced. It  is  hereby  intended  that  said  sums  of 
money,  together  with  all  interest,  costs,  and  charges, 
shall  constitute  a  lien  upon  such  lot  or  parcel  of 
ground,  which  shall  be  enforced  as  hereinbefore  pro- 
vided. 

Sec.  6.  Be  it  furtJier  etmcted,  That  all  moneys  ex- 
pended for  the  construction  of  curbing  and  side- 
walks out  of  the  proceeds  of  the  bonds  whose  issu- 
ance is  here  authorized  shall,  when  collected  from 
the  person,  firms,  corporations  upon  whose  prop- 
erty such  cost  of  construction  shall  have  become  a 
lien  as  heretofore  provided,  be  again  deposited  with 
the  Treasurer  of  said  city,  and  shall  be  again  used 
for  the  construction  of  other  sidewalks  and  curb- 
ings  in  said  city.  The  money  hereinbefore  provided 
for  the  construction  of  curbings  and  sidewalks  shall 
never,  in  any  way,  be  included  in  any  of  the  annual 
budgets  of  said  city,  but  it  is  intended  that  said 
money  shall  be  again  used  in  the  construction  of 
sidewalks  as  rapidly  as  it  is  collected. 

Sec.  7.  Be  it  fwrther  enacted,  That  none  of  the  ordinance  by 
bonds  hereinbefore  authorized  shall  be  issued  for  ^^^^  council. 
any  purpose  without  the  passage  of  an  ordinance 
through  the  City  Council,  approved  by  the  Mayor, 
specifying  the  purpose  for  which  said  bonds  are 
asked  to  be  used  and  directing  an  election  to  be  held 
by  the  qualified  voters  of  the  city  of  Nashville  "for" 
or  "against"  the  issuance  of  said  bonds,  as  pro- 
vided by  the  charter  of  said  city,  said  election  to  be 
held  in  conformity  with  said  charter  and  under  the 
general  election  laws  controlling  the  holding  of  elec- 

Sec.  8.  Be  it  further  enacted,  That  none  of  said 
bonds  authorized  to  be  issued  by  this  Act  shall  be 


—go- 
sold,  exchanged,  or  disposed  of  for  less  tliaii  their 
par,  or  face  value. ' 

Skc.  9.  Be  it  furthor  enacted,  That  this  Act  shall 
take  eifect  from  and  after  its  passage,  the  public 
welfare  requiring  it. 

Passed  March  19,  1907. 

E.    G.    TOLLETT, 

Speaker  of  the  Senate. 

John  T.  Cunningham,  Jr., 
Speaker  of  the  House  of  RepreS'Sntatives. 

Approved  March  21,  1907. 

Malcolm  R.  Patterson, 

Governor. 


CHAPTER  131. 
House  Bill  No.  128. 

AN"  ACT  entitled  An  Act  to  amend  an  Act  passed  March  19,  1907, 
being  Cliapter  158  of  tiie  Acts  of  1907  entitled  "An  Act  to  au- 
thorize the  Mayor  and  City  Council  of  Nashville,  a  municipal- 
ity organized  under  the  Acts  of  the  General  Assembly  of  the 
State  of  Tennessee,  passed  March  21,  1883,  and  approved  March 
■  27,  1883,  and  subsequent  amendments  thereof,"  to  issue  bonds 
for  the  construction  of  sidewalks  and  curbings  in  said  city  and 
authorized  by  the  Mayor  and  City  Council  of  Nashville,  and  to 
provide  for  the  manner  of  expenditure  of  the  proceeds  of  the 
sal9  of  such  bonds,  and  for  the  collection  thereof  from  the  own- 
ers of  real  estate  in  front  of  which  such  sidewalks  or  curbings 
have  been  constructed. 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  Section  5  of  Chapter 
158  of  the  Acts  of  1907  be  amended  as  follows:  By 
striking  out  all  of  said  section  commencing  with  the 
words  "by  attachment  sued  out"  to  the  conclusion 
of  said  section,  said  words  being  immediately  pre- 
ceded by  the  words  "to  collect  such  sums."  and  be- 
ing in  the  eighth  line  enumerating  from  the  bottom 
of  said  section,  and  inserting  in  lieu  thereof  the  fol- 
lowing words:  "By  bill  in  the  Chancery  Court  of 
Davidson  County.     Such  bill  mav  include  as  many 


—91— 

as  twenty-five  (25)  distinct  pieces  or  tracts  of  land, 
the  owners  thereof  being  made  defendants  to  the 
bill,  and  such  cause  shall  not  be  subject  to  objection 
for  misjoinder  by  reason  of  the  distinct  interest  that 
several  of  the  defendants  have  in  the  property  pro- 
ceeded against,  and  all  parties  necessary  to  enable 
the  court  to  enforce  the  lien  and  to  divest  the  title 
and  invest  the  same  in  the  purchaser  may  be  made 
party  defendant;  and  should  any  person  interested 
pay  after  bill  filed  and  before  sale  of  land,  the  May- 
or and  City  Council  of  Nashville  shall  dismiss  the 
suit  as  to  the  persons  and  property  included  in  said  suu  may  be 
payment;  provided,  the  persons  so  paying  the  taxes  dismissed. 
or  assessment  shall  pay  his,  her,  or  its  just  propor- 
tion of  the  cost  accrued  in  said  cost  to  the  date  of  the 
payment;  and  it  is,  therefore,  provided  that  the  fil- 
ing of  this  bill  shall  in  no  way  defeat  the  rights  of 
the  Mayor  and  City  Council  to  the  lien  as  before 
established,  such  bill  being  filed  for  the  purpose  of 
enforcing  the  same.  Said  bill  herein  provided  for 
shall  be  in  substance  and  in  form  same  as  other  bills 
filed  in  the  Chancery  Court  for  the  purpose  of  fore- 
closing and  enforcing  liens  and  collecting  taxes,  as- 
sessments, or  money  due  and  for  divesting  title  and 
making  a  title,  but  no  defendants  shall  be  entitled  to 
a  copy  of  the  bill  without  applying  to  the  Clerk  and 
}:>aying  for  such  copy,  nor  shall  it  be  necessary  that 
all  defendants'  names  be  included  in  the  copy  of  the 
subpoena  to  l)e  left  with  said  defendant,  or  in  publi- 
cation for  nonresidents.  Said  cause  shall  be  at  is- 
sue as  to  any  defendant  when  he,  her,  or  its  answer 
is  filed  or  pro  confesso  has  been  taken,  and  the  cause 
may  be  proceeded  with  by  or  against  any  one  or 
more  of  the  defendants  until  final  judgment,  sale, 
and  confirmation  thereof  without  in  any  way  affect- 
ing any  other  party  to  the  suit. 

"Any  party  to  the  bill  shall  have  the  right  to  ap- 
peal to  a  Supreme  Court  or  to  a  writ  of  error,  and 
such  bill  shall  not  effect  proceedings  as  to  other  par- 
ties. 

"It  is  hereby  intended  that  said  sums  of  money j^.^^^g 
•c3xpended  under  this  Act,  together  with  all  interest, 
costs,  and  charges,   shall  be  and  constitute  a  lien 
upon  the  fee  in  said  lot  or  lots  or  parcels  of  ground 
immediately  hereunder  and  not  merely  upon  the  in- 


cation. 


—92— 

terest  of  the  ])erson  or  persons  to  whom  said  assess- 
ment and  levy  may  be  made,  ])ut  to  any  and  all  other 
interests  in  said  property,  whether  in  reversion,  re- 
mainder, or  any  estate  of  any  nature  whatsover, 
and  said  assessment  shall  not  be  invalid  on  account 
of  said  assessed  property  having  been  leased  or  the 
assessment  made  against  any  one  as  owner  or  own- 
ers not  the  o\\mer  or  owners,  or  where  the  owner  or 
owners  are  unknown.  The  said  lien  shall  be  prior 
and  superior  to  all  other  liens  or  incumbrances  of 
any  nature  whatsoever,  except  State,  county,  and 
municipal  taxes. 
„  ,,.   ,.  „  "Said  liens  shall  attach  when  the  Board  of  Pub- 

andspecifi-  ]\q  Works  shall  have  ordered  a  notice  of  publication 
to  be  made  directing  the  owner  or  owners  of  the 
property  in  front  of  which  it  is  necessary  to  con- 
struct such  sidewalks  and  curbings  to  proceed  to  con- 
struct same  in  accordance  with  the  plans  and  speci- 
fication prepared  by  the  Board  of  Public  Works,  and 
said  order  shall  be  entered  upon  the  minute  book  of 
the  Board  of  Public  Works,  and  shall  become  a  no- 
tice and  fix  the  lien  as  to  all  parties  who  may  have 
acquired  prior  thereto  any  title,  right,  or  interest 
in  or  to  said  lot  or  parcel  of  ground,  or  who  may 
acquire  any  such  title,  right,  or  interest  subsequent 
thereto 

"The  City  Attorney  is  authorized  to  have  an  ab- 
stract of  the  title  made  to  such  lot  or  lots  or  parcels 
of  ground  and  the  expense  or  interest  thereof 
charged  as  an  item  in  the  collection  of  said  assess- 
ment." 

Sec.  2.  Be  it  further  enacted  by  the  General  As- 
sembly of  the  State  of  Tennes&ee,  That  this  Act  take 
effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 

Passed  February  15,  1911. 

A.  M.  Leach, 
Speaker  of  the  House  of  Repres-entatives. 

N.  Baxter,  Jr., 
Speaker  of  the  Senate. 


Approved  February  18,  1911. 


Ben  W.  Hooper, 

Governor, 


—93- 


INDEX  TO  CHARTER. 


(References  to  sections,  sub-sections,  and  pages.) 


Section.  Page. 


ABUTTING  PROPERTY  PAVING  LAW. 

Abstract,  item  of  cost  in  assessment 42     (8) 

Accounts,  improvement  funds,  how  kept 42  (14) 

Appeals  from  chancery  sales,  how  taken 42     (8) 

Assessments  due  thirty  days  from  completion 42     (7) 

Assessments   payable   five  annual  installments 42     (7) 

Authority  of  enforcing  improvements,  in  Board 42     (1) 

Bonds  of  abutters,  form  of 42     (9) 

Bonds  of  abutters,  fund  account,  how  kept 42     (9) 

Bonds  of  abutters,  how  called 42     (9) 

Bonds  of  abutters,  liquidated,  special  tax  levy 42     (9) 

Bonds  of  abutters,  ordinance,  how  enacted 42     (9) 

Bonds  of  abutters,  covers  assessment  of 42     (9) 

Bonds  of  abutters,  retired  before  maturity,  how 42     (9) 

Bonds  of  abutters,  sale,  how  made 42     (9) 

Bonds  of  abutters,  not  afifected  by  errors 42  (13) 

Bonds,  city's  pro  rata,  one-third 42  (18) 

Book,  "  special  assessment  "  kept 42     (8) 

Bought  in  by  Commissioner  of  Finance,  etc.,  for 42  (17) 

Chancery  Court  jurisdiction  to  enforce  payment 42     (8) 

City  Attorney,  abstract  ordered  by ; 42     (8) 

City  Attorney,  collects    42     (8) 

Confirmation  of  assessment,  one  reading 42     (6) 

Confirmation  final   fixing  of  costs .^ 42     (6) 

Confirmed  by  ordinance    42     (3) 

Contract  for  improvements,  let  how 42     (3) 

Costs   apportioned,   how    42     (4) 

Costs  assessed,  two-thirds   to  abutters 42     (4) 

Costs   of   city's   part,    provided 42  (18) 

Costs  of  improvements,  include   wliat 42     (4) 

Costs  of  paving  between  tracks 42     (5) 

Costs  protested  by  abutters,  how 42     (6) 

Coupons,  form  of    42     (9) 

Delinquent  installments  for  sixty  days 48     (8) 

Errors   corrected    42     (6) 

Errors  do  not  invalidate  assessment 42     (6) 

Evidence,  '"  Special   Assessment   Book  " 42  (16) 

Funds  collected,  kept  in  special  accounts 42  (14) 

Gas,  water  pipes,  and  conduits,  put  in,  how 40   (11) 

Hearing  remonstrances,  advertised  two  weeks 42     (2) 

Improvements  authorized,  what   42     (1) 

Interest  and  penalty  on  delinquent  payments 42     (7) 

Invalidities    localized    42   (19) 

Jurisdiction  to  enforce  in   Board 42     (1) 

Lien  attaches,  when    42     (8) 

Lien  is  upon   the   fee 42     (8) 

Lien,  minute  book  is  notice  of 42     (8) 

Lien   priority,   order   of 42     (6) 

Localizes   invalidities  on  assessment  Act 42   (19) 


—94— 

Section.  Page. 

Notice  of  hearing  on  assessment  of  costs 42     (6)  53 

Notice  of  remonstrances  or  protests 42     (2)  50 

Objections  waived   42     (7)  55 

Ordinance   authorizing   improvements    42     (2)  49 

Payments  of  assessment,  made  how 42     (7)  55 

Penalty  and  interest  on  delinquent  payment*; ^2     C^^  -'^ 

Petition  of  two-thirds  abutters  to  pay  total  cost 42  (15)  67 

Prorating   cost   of  assessment,   hearing 42     (6)  53 

"Public   Improvement   Account,"   at   bank 42   (14)  66 

Quit  claim   for  debt 42  (17)  68 

Rails   removed   and   replaced 42   (10)  63 

Railway  tracks  in  street,  paving  paid  how 42  (10)  62 

Remon.strance,  action,  what  may  be   taken 42     (2)  50 

Remonstrance  advertised   two  weeks 42     (2)  50 

Remonstrance   against  what 42     (2)  50 

Streets,  etc.,  to  be  improved,  designated 42     (2)  49 

Special   assessment  books   kept 42  (16)  66 

Specifications,  etc.,  estimates  on   file 42     (2)  50 

Tax  levy  to  pay  bonds  ordered,  if  necessary 42  (12)  64 

Treasurer  keeps  account   42  (14)  65 

Treasurer  liable  for  keeping  of  funds 42  (14)  66 

Title  under  sale  enforcing  payment  in  bar  of  equity 42     (8)  56 

Vouchers  on  "  Public  Improvement  Account  " 42  (14)  66 

ANIMALS. 

Cruelty  to 30  (25)  26 

Jurisdiction   over   Humane    Commission 40  43 

Pound  for  30  (12)  24 

Running  at  large   30  (12)  24 

APPEALS  FROM  CITY  COURT. 

Fines  $10,  and  under,  none  allowed 33  31 

Fines  over  $10,  granted 33  31 

APPROPRIATIONS. 

Contracts,  no  interest  in  whatever 15  12 

Diverting  appropriations  penalized    20  16 

Expenditures  $500,  and  under,  how  authorized 16  12 

Expenditures  more  than  $500,  how  authorized 16  12 

Expenditures,  ofBcial  interest  in,  prohibited 16  12 

Hospital  expenditures  over  $500 41  48 

Hospital  expenditures  under  $500 41  48 

Hospital  expenditures  under  $150 41  48 

Humane   Commission  expenditures,   how   made 40  45 

Park  Commissioners'  expenditures,  how  made 39     (5)  '  41 

Schools  for  $500,  more  and  less  than,  how  made 38  38 

School  purposes,  by  Board  of  Education 38  38 

Sinking  Fund,  etc.,  cannot  be  diverted 27  20 

ASSESSMENTS  FOR  TAXES. 

Commissioner  of  Finance,  etc.,  has  authoritj- 36  35 

Erroneous  assessments  corrected,  how 36  35 

Omitted  property  assessed,  how 36  36 

Privileges  same  as  State 36  35 

Real,  personal,  and  mixed  propert}-  subject  to 36  35 

BOARD  OF  COMMISSIONERS. 

Annual  report  of  Board  of  Commissioners 28  21 

Appropriations  for  municipal  enterprises,  made  b\^ 30     (4)  23 


—95— 

Section.  Page. 

Bonds  of  officials  14  11 

Commissioner  of   Finance,  etc.,  Tax  Assessor 36  35 

Commissioner  of  Finance,  etc.,  Tax  Collector 36  35 

Compensation,  salaries  of 8  8 

Corrupt  practices   42  IZ 

Department  of  Finance,  Lights,  and   Market   House 4  6 

Department  of  Fire,  Sprinkling,  and   Building  Inspector...     4  6 

Department  of  Public  Affairs,  Police,  and   Health 4  6 

Department  of.  Streets,  Sewers,  and  Sidewalks 4  6 

Department   of   Waterworks,   Street    Cleaning,   and    \\'ork- 

house    4  6 

Duties  classified  by   9  9 

Duties  authorized  and  powers  distributed  among 11  10 

First,   composed   of  whom 4  6 

Former  ordinances  in  force,  as  to 49  74 

General  election  of,  when 4  6 

Jurisdiction  of,  how  determined 12  10 

Legislative,   etc.,  powers   vested   in 3  5 

Liability  against  funds  of  city  created  when  by 24  18 

Mayor  fills  vacancies  in  office,  wdien 43  72 

Meetings,  business  lawful  to  be  transacted 14  11 

Meetings,  regular  and  special,  when  held 14  11 

]\Ieetings,  special,   how  called 14  11 

Minutes  of  proceedings  kept 14  11 

Monthly  reports  by  each,  to   Board 28  21 

Nuisances  declared  by  ordinance,  by 38  (28)         26 

Oath  of  office    8  9 

One  office. only,  one  salary  only 19  15 

Property  of  city,  sold  how 31  27 

Quorum,  three  members   constitute 14  11 

Reports  biennially  made,  bonds  bought 27  20 

Rules  for  each  department  made  hy,  how 28  21 

Six  months  between  franchises  and  other  elections 26  18 

Succeeding,  who  is    4  7 

Sworn   into   office,   when 4  6 

Terms  of  office   4  6 

Vacancies,  who  presides  in  lieu  of 13  11 

Vacancies   in  office,   filled   how 43  72 

Vacancies    Commissioners,    filled    how 13  10 

BONDS. 

Abutting  improvement  contractors'  bonds 42     (3)  51 

Abutting  improvement  abutters'  issue 42     (9)         58 

Abutting  improvement  abutters'  bonds  (see  title,  "Ahiitting 

Property,   Etc.")    

Abutters'  and  city's  pro  rata  costs  bonds 42   (18)         68 

Abutting  tax  levy  to  retire 42  (12)         64 

Appointive  offices   and  employees 17  14 

Approval  of,  for  18  15 

Bonds  of  Commissioners,  what 14  11 

Book  for  keeping  in 18  15 

Called  for  redemption  or  payment 27  20 

Cancel,  posted  in  book 21  20 

Commissioners"  filed  and  recorded 14  12 

Errors  validated   42   (13)         65 

Funding  bonds,  referendum  not  necessary.  . 26  18 

General    improvement    (see    title,    "Abuttinn;    Improvement, 

Etc.")    '. .-..  . 

Hospital  Commissioners'  bonds    41  45 


—96— 

Section.  Page. 

Interest  ceases  from  what  date 27                  20 

Park   Commissinncrs'  official   bonds 39     (2)         39 

Quarterly  pnrcliase  of  bonds,  with  approval 27                    19 

Redeemed   from   Sinking  Fund 27                    19 

Report  biennially  bonds  bought 27                   20 

Refund  and  bonds,  no  referendum 26                   IR 

Streets,  etc.,  six  months  election  between 26                   IR 

BUDGET. 

.\mount  not  to  exceed  annual  C(illcctir)n 22                   17 

.A^nnually  prepared  and  published 20                   15 

Balances  carried  over  22                   17 

Bonds,  proceeds  from,  not  included  in  limit 22                   17 

Current  collections  for  repairs 20                   16 

Diverting  appropriation  penalized    20                   16 

Estimates  of  each  department  itemized 20                   15 

Made  up,  how  20                  15 

Misdemeanor   to   exceed    20                   16 

Ordinance,   apportioning   to    departments 20                   16 

Sinking  Fund  cannot  be  transferred 22                   17 

Transfers  from  one  to  another  department 22                  17 

BUILDINGS. 

City  can  erect,  what 30     (4)         23 

Condemned   houses  torn   down 30  (20)         25 

Fire  engine  halls    30     C4)         23 

Schoolhouscs,  houses  of  correction,  etc 30  (19)         25 

Transfer  from  former  to  present  corporation 47                  73 

Workhouse,  etc 30  (19)         25 

CANDIDATES. 

(See  "  General   Elections,"  "  Primary  Elections.") 

CHARTER  ACT. 

Complete  system    48                  74 

Definitions    45                  73 

Public   .^ct    46                  73 

Repealing  section,  former  charter 52                   74 

CITY  OF  NASHVILLE. 

Boundaries  same  as  formerly- 1                      5 

Boundaries  enlarged  in   1913 S3 

Corporation   created .• 1                     5 

Corporate   powers    2                    5 

Takes  effect   53                  75 

CHANCERY  COURT. 

Enforced   how,   sidewalk    53 

Sidewalk  assessments  collected  through 54 

Street  improvement  assessments  collected   through 42 

Taxes  collected  through   36 

CITY  ATTORNEY. 

Abutting  property  assessment,  collected  by,  when 42 

Elected  how 17 

Nominated   how    1" 

Salary  fixed  by  Board    17 

Sidewalk  assessment,   collected  by 55 


(3) 

78 

(3) 

78 

(8) 

56 

36 

(8) 

57 

15 

15 

14 

(1) 

78 

—97— 

Section.  Page. 
CIVIL  SERVICE. 

Charges  in  writing  and  preferred  how 34  31 

Commissioners  compose  Board    34  31 

Employees  under  what    17  15 

Examinations  held  in  April  and  October 34  32 

Inquisitorial   powers    34  34 

Journal  of  action  kept   34  32 

Meetings  held  how  often   34  32 

Political  or  religious  affiliations,  not  tried  for 34  31 

Quorum,   three  members   constitute 34  32 

Rules  and   regulations  made 34  31 

Subpoena  or  summons,  power  to  enforce .-34  32 

Superintendent  of  City  Hospital,  under 41  46 

Surgeon  of  City  Hospital,  under 41  46 

To   whom   applies    34  33 

CITY  COURT. 

(See  "Judge  of  City  Court  ") 33  30 

CITY  PROPERTY. 

How  to  hold  and  to  sell 2  5 

Transfer  from  old  to  new  corporation 47  73 

COMMISSIONERS. 

Annual  report  of  each  department 28  21 

Compensation,  no  additional    15  12 

Compensation  fixed  by  Act 8  8 

Corrupt  practices  prohibited    44  73 

Departments   distributed    4  6 

Duties  of  each  Commissioner 9  9 

Election  of  4  6 

Finance,  Lights,  and  Market  House  is  Tax  Assessor 36  35 

Finance,  Lights,  and  Market  House  keeps  Park  Account. .  .   39     (5)         42 

Monthly  reports  of  each  department 28  21 

Nominations   17  7 

Powers  to  interpret  duties 12  10 

Reports  of  Sinking  Fund  and  bonds  bought 27  20 

Rules  of  each  department,  made  how 28  21 

Constitutionality  of  Act,  invalidity  of  one  section  does  not 

afifect  another    50  74 

CONTRACTS. 

Abutting  improvements,  how  let 42     (3)         51 

Advertised  when  for  more  than  $500 16  12 

Affidavit  showing  parties  at  interest 16  13 

Alterations  must  be  in  writing 16  13 

Authority  to  advertise,  how 16  12 

Convict  labor  cannot  be  employed 16  12 

Domestic  contractors  favored   16  13 

Expenditures  under  $500,  approved  how 16  12 

Extras  must  be  agreed  to  in  writing 16  13 

Filed  in  office  of  Board  of  Commissioners 23  18 

Liability  created  only  against  funds  in  budget 22  17 

Made  in  corporate  name  of  the  city 23  18 

No  interest  in  any  official  letting 15  12 

No  interest  in  any  relative  of  Board  letting 16  12 

Payment  on,  not  made  until  affidavit  filed 16  13 

Seal  and  signature  to,  what  necessary 23  18 

7 


—98— 

Section.  Page. 
CONVICT  LABOR. 

iMiiplnycd  nut  in  city  work 16  12 

CRUELTY  TO  ANIMALS. 

Humane  Commission  has  jurisdiction 40  43 

Punishable  under  ordinance   30  (25)         26 

CORRUPT  PRACTICES. 

Promises,  etc.,  of  employment 44  73 

CUMBERLAND  RIVER. 

Wiiarves,  landings,  etc.,  kept  and  regulated 30  (13)         24 

DIGEST  OF  ORDINANCES. 

Published  when,  and  what ■ 25  18 

DISORDERLY  CONDUCT  AND^HOUSES. 

Prohibited  and  regulated    30     (6)         23 

To  provide  punishment  and  arrest.    30     (7)         23 

DONATIONS  AND  FESTIVITIES. 

Credits,  gifts,  etc.,  prohibited 31  27 

EDUCATION,  BOARD  OF. 

Budget  of  school  expenses  transmitted 38  37 

Budget  provided  for  schools,  by 20  15 

Chairman  of  Board,  selected  b}^ 38  37 

Condemnation  of  school  sites,  General  Act,  1913 

Expenditures  within  budget  38  38 

Meetings  of  Board 37  37 

Members,  qualifications  of,  elected  how 38  37 

Members,  nine  compose  Board 38  37 

Members,  nominated  by   '38  37 

Oath  of  members  of  Board 38  37 

Over  $500  salaries,  except  authorized,  how 38  38. 

Quorum  is  five  members 38  37 

Rules  made  b^^  for 38  38 

Rules  for  schools,  how  made 38  38 

Salaries  fixed  by,  how 38  38 

School  property  controlled  by 38  37 

School  fund  not  diverted 27  19 

School  tax,  special,  authorized 21  17 

State  and  county  school  tax  paid  by  Trustee,  to  whom 38  38 

Term  of  office  fixed  by  ordinance 38  7)1 

Under  $500  appropriated  by 38  38 

Vacancies  filled,  how   38  37 

ELECTIONS. 

(See   '■  General    Elections,"   "  Primary    Elections,"   "  Special 
Elections.") 

ELECTRIC  LIGHT  PLANT. 

Electric  light  plant  authorized 30  (24)         26 

EVIDENCE  IN  COURTS. 

Charter  is  public  Act , 46  73 

Ordinance,  etc.,  how-  approved  and  passed 14  11 

Ordinance,  how  proved   14  11 

Special  assessment  book  or  copy 42  (16)         67 


—99— 

Section.  Page. 
EMINENT  DOMAIN. 

Parks  authorized  and  condemned,  how. 30  (23^^^    26 

Parks  authorized  and  condemned,  how '. 39  .^^(2)         40 

School  site  purposes,  General  Acts,  1913 ^ 

Workhouse,  station  house,  etc 30(4,19)  23.25 

EXPLOSIVES  AND  COMBUSTIBLES. 

To  regulate  and  prohibit  storage  of  combustibles 39  24 

To  regulate  and  prohibit  dangerous  business 38  24 

FINES  AND  PENALTIES. 

Appeals  grantable  when  fined  over  $10 33  30 

Appeals  not  allowed  when  fined  $10  or  under 33  30 

Humane  laws  for  violation,  go  to 40  44 

Over  $50  not   allowed 30  (18)         25 

FINANCE,  LIGHTS,  AND  MARKET  HOUSE  COMMISSIONER. 

Abutting  propert3%  "Separate   Account"  kept 42  (14)         66 

Abutting  property   funds,   separate    deposit 42  (14)         66 

Abutting  property,  "Special  Assessment"  book  kept 42  (8)         55 

Assess  propert}'  for  taxation,  by 36  35 

Bonds,   called   in   and   paid 27  20 

Bonds,  canceled  and  pasted  in  book 27  20 

Duties  of  his   department 9  9 

Election,  date   and   regulations 4  6 

Hospital,   account  kept  by 41  47 

Hospital   funds   paid  out,   requirements 41  48 

Humane,  account,  separate,  kept  by 40  44 

Jurisdiction,   interpreted,  how    12  10 

Nominated,  how  7  7 

Omitted   property,   assessed   by 36  36 

Park,  account,  separate,  kept  by 39  (5)         42 

Police  and  Firemen's  Pension  Fund  Account 54  (4)         76 

Powers,  how  classified   9  9 

Recall,  rules  and  procedure  for 32  27 

Report  of  bonds  bought 27  20 

Report  of  department,  annual 28  21 

Report  of  department,  monthly 28  21 

Rules  of  department,  made  by 28  21 

Salary    8  8 

Sidewalk,  account,  separate,  kept  bj' 55  (1)         77 

Sinking  Fund,  account,  separate,  kept  by 27  19 

Tax  Assessor,  acts  as  or  appoints 36  35 

Tax  Collector,  acts  as  or  appoints 36  35 

Treasurer,  acts  as  or  appoints 36  35 

FIREMEN. 

Civil  service,  under   17  15 

Employed,   how    17  14 

Salaries   fixed   17  14 

FIRE  ESCAPES. 

Fire  escapes  erected  and  enforced  by 30  (22)         25 

FORESTALLING  AND  REGRATING. 

Fiiod  inspection  of,  restraining,  etc 30  (11)          24 

FORMER  OFFICIALS  ELECTED. 

Hold  unexpired  terms    51  74 


■^100— 

Section.  Page. 
FRANCHISES. 

Election  ordinance,  final  passage  ninety  days 26  18 

'    Expenses  for  submitting,   how  paid 26  19 

Extensions  of  existing,  by  majority 26  18 

Franchises  granted  under  Section  27 30  (15)         24 

Renewal  of,  not  before  one  year  prior  to  expiration 26  18 

FRONT  FOOT  ASSESSMENT  LAW. 

(See  "Abutting  Property  Paving  Law.")     Page  of  Index.  .  93 

GAS  PLANT. 

Gas  plant  authorized    30  (24)         26 

GENERAL  ELECTIONS. 

Bond  or  franchise  ordinance  submitted,  how 26  18 

Candidates  must  be  nominated  in  primary 7  7 

Corrupt   practices   44  73 

Franchises  and  bonds  submitted  at 26  18 

Property   qualification   of  voter 5  7 

Registered  under  State  laws 5  7 

Registration,  supplemental   7  8 

Recall,  election   32  27 

State  laws,  election  held  under 5  7 

Tie  vote,  re-referred  to  people 6  7 

Voters'  qualifications    5  7 

GENERAL  POWERS  AND  LIABILITIES. 

Legislative,  etc.,  and  quasi-judicial 3  5 

Liabilities,  limitations,  and  powers 2  5 

HEALTH. 

City  Health  Officer,  qualifications 37  36 

Health  Department  under  Mayor 37  36 

Health  regulations,  quarantine,  etc 30     (3)         22 

Nuisances  declared  and  abated  by 30     (3)         22 

Rules  and  regulations  made  by 2)7  36 

Sanitary   Disinfector,  office   of 35  35 

HOLD-OVER  ELECTIVE  OFFICERS. 

All  elective  unexpired  terms  hold  over 51  74 

HOME  INDUSTRIES. 

Contractors   favored  when  equal 16  13 

HOSPITAL  COMMISSION. 

Appropriations  from  special  and  ordinary  tax 41  47 

Bond  of  members  of 41  45 

Budget  includes  annual  appropriations  and  collections 41  48 

Created    five   members,   citizenship 41  45 

Civil  service  under,  who 41  46 

Compensation  of  members,  none 41  45 

Elected  and  nominated,  how 41  45 

Employees,  employed  and  salaries  fixed  by 41  45 

Expenditures  not  over  $150,  made  how 41  48 

HOSPITALS. 

How  to  establish  and  maintain 30     (3)         22 

Illegal  payment  can  be  recovered 41  49 

Internes,  appointed  how   41  47 


—101— 

Section.  Page. 

Medical  staff,  no  salary 41  46 

Members,  nonmedical  qualifications    41  45 

Monthly  detailed  reports,  made  to 41  48 

Over  $500  appropriation,  made   how 41  48 

Nurses'  and  employees'  salaries,  fixed  how 41  46 

Oath  of  members,  what 41  45 

Pay  patients,  clinical  fees,  revenues,  kept  how 41  47 

Removal  for  cause,  after  notice  and  hearing 41  45 

Reports  made  quarterly,  to  whom 41  47 

Rules  and  regulations,  made  how 41  46 

Salaries  fixed  between  limits 41  46 

Separate  account  of  all  revenues  collected 41  47 

Superintendent,  employed  by    41  46 

Superintendent  controls  surgical  and  medical  work 41  47 

Surgeon  employed  and  salary  fixed  by 41  46 

Surgeon's  qualifications   41  46 

Tax  levy,  special,  for  one-third  of  one  mill 41  48 

Term  of  office  during  good  behavior 41  45 

Vacancies,  filled  how    41  45 

Vouchers  signed  by  Chairman 41  48 

HUMANE  COMMISSION. 

Appropriations  over  $500  made  how 40  45 

Created  of  five  members,  no  pay 40  43 

Cruelty  to  animals  and  children,  jurisdiction  over 40  43 

Cruelty  to  animals.  Humane  Commission  regulation 30  (25)         26 

Fines  set  apart  to  credit  of 40  44 

First  Board,  who  composes 41  43 

Funds  included  in  ordinary  tax  levy 40  44 

Humane  officers,  employed  how 40  44 

Mayor's  jurisdiction  extends  to,  when 40  44 

Nominated  how,  elected  how 40  43 

Ordinance  against  cruelty  to  animals 40  44 

Ordinance  against  cruelty  to  children 40  44 

Officers  appointed  and  salaries  fixed 40  44 

Officers  employed,  by  whom 40  44 

Property  acquired  and  controlled  by 40  44 

Qualifications  of  40  43 

Reports  made  quarterly 40  45 

Rules  for  government,  made  how 40  43 

Salaries  fixed  between  limits 40  44 

Term  of  office  fixed  by  ordinance 40  43 

Vacancies,  filled  how   40  43 

Vouchers  signed  by  Chairman  and  Secretary 40  44 

INSPECTIONS. 

Coal,  lumber,  hay,  etc 30  (10)         24 

INTERPRETATION  OF  ACT. 

Abutting  improvement   errors   localized 42  (19)         72 

Commissioner  defined 45  73 

Complete  system  of  government 48  74 

Invalidities  in  the  Act  localized 50  74 

JUDGE  OF  CITY  COURT. 

Appeals  $10  and  under,  not  allowed 33  30 

Appeals  over  $10  to  the  Circuit  Court 33  30 

Pardons,  power  to  grant  33  30 


—102— 

Section.  Page. 

Qualifications  of  33  30 

Term  of  office  of  33  30 

Oath  of  office    33  30 

Jurisdiction  and  powers   33  30 

LEGISLATIVE  POWERS. 

General  welfare  powers,  residuary  in 30  (28)         26 

Vested  in  Board  of  Commissioners 30  22 

LIENS. 

Abutting  improvements  for   '. 42  (6)         54 

Abutting  improvement  lien  attaches,  when 42  (8)         57. 

Abutting  improvement,  enforced  how 42  (8)         56 

Minute  book  notice  of  abutting  improvement 42  (8)         58 

Priority  of  sidewalk   55  (3)         79 

Sidewalk    55  (3)         79 

Taxes   ordinary   and   extraordinary 21  16 

MAYOR. 

Absence,  disability  or  vacancy,  filled  how 14  11 

Department,  head  of  which 4  6 

Duties  classified    9  9 

Duties   defined   10  9 

Head  of  government 10  9 

Head  of  Police   Department 10  9 

Head  of  Health  Department 10  9 

Nomination,  candidate  for,  how  filled 7  8 

Oath  of  office   8  9 

Sworn  in,  when    4  6 

Salary   8  8 

Term  of  office,  how  long,  when  commences 4  6 

Vacancies  filled  by,  when  and  what 43  72 

NUISANCES. 

Abated  within  one-mile  radius  of  city , 30  (3)         22 

Declared  and  enforced 30  (3)         22 

Expenses  for  abating,  collected  how 30  (3)         22 

OFFICES. 

Abolished  by  majority  vote 17  14 

Bonds  of  appointive  employees,  fixed  how 18  15 

Created  by  majority  vote 17  14 

Compensation  not  by  law,  fixed  how 17  14 

City  Attorney,  nominated  and  elected  how 17  15 

Civil  service  applicable  to  what  offices 17  15 

How  nominated,  how  filled 17  15 

One  office  only  by  any  one  official 19  15 

Rejection  renders  ineligible  for  one  year 17  14 

Tax  Assessor,  elected  how 36  35 

ORDINANCES,  RESOLUTIONS,  AND  ORDERS. 

Abutting  improvements  42  (2)         49 

Abutters'  bond  ordinance,  enacted  how 42  (9)         59 

Ayes  and  Noes  recorded  in  minutes 14  11 

Bond  and  ordinance  lies  over  ninety  days 26  18 

Budget  adopted  by  ordinance 20  16 

Caption  of  ordinance    29  22 

Digest  of  ordinances,  published  how  often 25  18 


—103— 

Section.  Page. 

Evidence  of,  what  is 14  11 

Franchise  ordinance  lies  over  ninety  days 26  18 

Journal  kept  of  vote 14  19 

Passed  how    29  22 

Present  existing  adopted  as  a  whole 49  74 

Punishments  for  breach  of  authority 30  (18)  25 

Referendum  requirements   26  18 

Three  readings  on  three  days 29  22 

Welfare  clause,  otherwise  effective  in  twenty  days 29  22 


PARDONS. 

City  Judge  has  power. 


33 


30 


PARK  COMMISSION. 

Board  of,  created  five  members 39 

Bond  for  $10,000,  filed  with  whom 39 

Books  of  Account  kept  and  open  to  inspection 39 

Budget  submitted  to  Board  of  Commissioners 39 

Chairman   of,   selected   how 39 

Compensation  of,  none    39 

Care,  management,  and  control  vested  in 39 

City  Court  has  jurisdiction  to  preserve  order  in 39 

Condemnation  of  property  for  parks,  method 39 

Condemnation  of  property  for  parks 30  ( 

Employees,  etc 39 

Expenditures  made  within  its  funds 39 

Funds  belonging  to 39 

Gifts,  donations,  etc.,  for  park  purposes 39 

Liens,  vendor's,  for  deferred  payments 39 

Location  of  parks,  power  to 39 

Notes  of  indebtedness  for  purchase  of  parks 39 

Oath  of,  taken    39 

Ordinances  and  rules,  power  to  make  for  parks 39 

Organize  Board,  how  39 

"  Park  Account,"  kept  separate 39 

"  Park  Property,"  defined   39 

Present  Board  continued  in  office 39 

Police  or  agents  of  park  may  arrest 39 

Police,  special,  under  Park  Board 39 

39 

39 

30  ( 

39 

39 

39 

39 

39 

39 

39 

39 

39 

39 

39 


Property  for  parks,  acquired'  how. 

Qualification  of  members   

Parks  or  playgrounds,  regulation  of  use 

Payments  deferred,  made  how 

Punishment  violation  of  rules,  regulating  use, 

Report  to  Commissioners  in  December 

Salary  of  Secretary  and  duties,  what 

Secretary  selected  for  one  year,  how 

Sold  property,  by    

Tax  levied   for  parks,  special 

Term  of  office,  five  years 

Title  to  property  in  Chairman,  when 

Title  to  property  in  city  when  fully  paid  for.  .  , 
Vacancy,  how  filled 


PENSIONS. 

Account  pension  revenues    54 

Board  created,  who  54 

Dues,  amount,  when  paid 54 


1) 
2) 
6) 
5) 
2) 
2) 
4) 
4) 
3) 
6) 
5) 
5) 
5) 
4) 
3) 
3) 
4) 
2) 
4) 
2) 
5) 
8) 
1) 
4) 
7) 
3) 
1) 
4) 
3) 
4) 
6) 
2) 
2) 
3) 
5) 
1) 
3) 
3) 
1) 


38 
39 
42 
42 
39 
39 
40 
41 
40 
25 
41 
41 
42 
40 
40 
40 
40 
39 
41 
38 
42 
43 
38 
41 
43 
40 
38 
24 
40 
41 
43 
39 
39 
40 
42 
38 
40 
39 
38 


76 

75 
75 


—104— 

Section.   Page. 

Firemen  and  police  authorized 54  (1)         75 

Powers  of  Board    54  (3)         76 

Tax  levy  for,  special 54  (1)         75 

What  pension    54  (3)         76 

Who   entitled   54  (2)         75 

PRIMARY  ELECTION. 

Candidates,  names,  how  gotten  on  ballot 7  8 

Candidates,  qualifications  necessary,  what .■ 8  8 

Corrupt  practices   44  73 

Laws  under  which  it  is  held 7  8 

Officers,  judges,  and  clerks  at,  who  shall  be 7  8 

Place,  date,  hour  of  holding 7  8 

Registration,  supplemental  and  regular 7  8 

Voters,  qualifications  same  as  general  election 7  7 

PRIVILEGES. 

Licenses,  occupations,  etc.,  taxed  how 30  (5)         23 

POLICE  FORCE. 

Department  of  Public  Aflfairs,  Police,  and  Health,  under. ...     9  9 

Duties  and  jurisdiction 35  33 

Humane  officer,  appointed  how,  etc 40  44 

Humane  officers,  powers  of  police 40  44 

Humane  officers,  detailed  by  Mayor 40  44 

Jurisdiction  over  parks,  coordinate  with 39  (4)         41 

Mayor   controls   and   nominates 17  15 

Parks,  jurisdiction  coextensive  with  park  police 39  (4)         41 

Park  police  under  Park  Commission 39  (7)         43 

Police  force  authorized   30  (27)         26 

Salaries,  fixed    17  14 

Sanitary  Inspector,  member  of 35  35 

PUBLIC  ACT. 

Charter  Act  is  a  Public  Act 46  73 

PUBLIC  UTILITIES. 

Power  to  grant  in  Board 30  (15)         24 

Rights  of  way  in  streets,  how  granted 26  18 

QUARANTINE  LAWS. 

Extends  within  a  radius  of  ten  miles  about  the  city 30  (3)         22 

RECALL  PROVISIONS. 

Amended  petition,  how  and  when  made 32  27 

Call,  filed,  etc.,  how 32  28 

Candidates  receiving  highest  vote 32  29 

Election  Commissioners,  petition  filed  with 32  28 

Election  on  recall,  ordered  by 32  29 

Impeachment,  cumulative  remedy   32  29 

Petition  for,  necessary  requisites 32  27 

Six  months,  not  sooner  than,  can  be  filed 32  29 

Successor  of  recall  officer  holds  unexpired  term 32  29 

REFERENDUM  CLAUSE. 

Bonds  and  franchises   26  18 

Sale,  lease,  or  disposal  of  public  utility,  submitted 31  27 


—105— 

Section.  Page. 
REGISTRATION  OF  VOTERS. 

General  elections    , 7  8 

Primary   elections    7  8 

Property    qualification    5  7 

REPORTS. 

Commissioners,  annually  and  monthly 28  21 

Hospital  Commissioners,  quarterly  41  47 

Humane  Commissioners,  quarterly   40  45 

Park  Commissioners,  report  in  December 39  (6)         43 

Sinking  Fund  and  Bonds,  biennially 27  20 

SALARIES. 

Additional,  neither  city,  county,  nor  State 15  12 

Board's,  fixed  by  law 8  8 

Board  iixes,  of  all  employees 17  14 

By  whom   determined    17  14 

City  Attorney   17  14 

City  employees   17  14 

Education  Board,  none    38  37 

Education  Board,  employees   38  38 

Education   Board,  superintendent,  etc 38  38 

Hospital    Board,   none    41  45 

Hospital  Board,  employees,  etc 41  46 

Hospital  Board,  superintendent,  etc 41  46 

Hospital  Board,  surgeon  ,. . .  .  41  46 

Humane    Board,   none    40  43 

Humane  Board,  officers  and  employees 40  44 

Laborers'  wages,  fixed  how 17  14 

Mayor's  fixed  by  law 8  8 

One  position  only,  one  salary 19  15 

Park  Board,  none    39  (2)         39 

Park  Board,  employees,  etc 39  (4)         41 

Park  Board,  secretary   39  (2)         39 

Police  and   firemen 17  14 

State  or  county  official  cannot  be  paid 19  15 

Waterworks'    mechanics    17  14 

SANITARY  DISINFECTOR. 

Member  of  Police  Department 35  35 

SINKING  FUND. 

Bonds  bought  and  report  made 27  20 

Bonds  of  city  alone,  paid  from 27  19 

Disbursements  from,  rules  and  conditions 27  19 

Created,  ten  per  cent  set  apart  each  month 27  19 

Sinking  Fund  Account,  kept 27  19 

School  tax  and  proceeds  of  bonds  excluded ^  27  19 

Tax  levy,  for  extraordinary 21  16 

SCHOOLS. 

(See  '■  Education,  Board  of.") 

Schools   nonsectarian    30  (26)         26 

SIDEWALKS. 

Abstract  ordered  by  City  Attorney 55  (3)         79 

Assessments  for  55  (1)         75 

Authority,  collections  for   30  (21)         25 

Bonds  to  construct  55  76 


—106— 

Section.   Page. 

Delinquent  assessments  to  City  Attorney 55  (3)         78 

Funds  not  put  in  budget 55  (4)         79 

Interest  on  which  lien  attaches 55  (3)         79 

Lien  for  construction   55  (3)         79 

Method  of  collection    55  (3)         78 

Notice  to  abutting  owners,  how  given 55  (1)         11 

Ordinance  not  necessary  55  (1)         11 

Owners'  right  to  construct 55  (2)         11 

Power  to  construct,  in  whom 55  11 

Priority  of  lien 55  (3)         79 

Sums  chargeable  to  owners 55  (3)         79 

Time  of  payment  for 55  (3)         11 

SPECIAL  ELECTIONS. 

Bonds  or  franchise  ordinances,  submitted  how 26  18 

Qualification  of  voters,  personal  and  property 5  7 

TAX  ASSESSOR. 

Appointed  by  whom  36  35 

TAX  COLLECTOR. 

Appointed  by  whom  36  35 

STREETS,  ALLEYS,  ETC. 

Abutting  property  law   42  49 

Department,  under  what   11  10 

Exclusive  power  of  constructing 9  9 

Opening,  widening,  etc.,  how 30  (4)         23 

TAX  LEVY  AND  TAXES. 

Abutting  Improvement  Bonds,  to  retire 42  (12)         64 

Additional  levy  other  than  ordinary 21  16 

All  property  taxed 21  16 

Assessment,  by  whom  made 36  35 

Assessment,  what  property  subject  to 36  35 

Chancery  Court  has  jurisdiction  to  collect 36  36 

Collected  when  delinquent,  how 36  36 

Commissioner  of  Finance,  Revenue  Collector 36  35 

Deficiency,  extra  levy  made  up 21  16 

Distress  warrant,  power  to  issue 36  36 

Extraordinary  tax  levy,  for 21  16 

Hospital  tax  levy 41  48 

Humane  Commission,  purpose  for 40  44 

Interest  and  penalties,  what 36  35 

Levy  and  collection  of  privileges  on  property 30  (1,  2)       22 

Occupations  and  privileges,  what 30  (5)         23 

Omitted  assessments 36  36 

Ordinary  not  higher  than  one  per  cent 21  16 

Ordinary  purposes,  what  are 21  17 

Parks,  special  levy  for 39  (5)         42 

Pensions,  special  tax    54  (1)         75 

Sales  to  collect  through  Chancery  Court 36  36 

Schools,  special  for  21  17 

Tax  Assessor,  who  is 36  35 

Tax  Collector,  who  is 36  36 

Taxes  assessed  for  all  purposes. 36  35 

Taxes  levied  by   31  (1,2)       22 


—107— 

Section.  Page. 
TREASURER. 

Appointed  by  whom  36  36 

VACANCIES. 

Created  by  dismissal  by  civil  service 34  33 

Civil  service  list,  filled  how 34  32 

Commissioners,  Board  of,  filled  how 13  10 

Commissioners,  Board  of,  fill  when 43  72 

Commissioners,  Board  of,  may  create 17  15 

Education,  Board  of,  filled  how 38  37 

Hospital,  Board  of,  filled  how 41  45 

Humane,  Board  of,  filled  how 40  43 

Mayor  fills,  when  43  72 

Park,  Board  of,  filled  how 39     (1)  38 

VOTERS'  QUALIFICATIONS. 

Personal  and  property  qualifications,  what 5  7 

Property  in  city,  residence  Davidson  County 5  7 

Registered   where  5  7 

WHARVES. 

Cumberland   River,  wharves,  etc ■. 30  (13)  24 

WATERWORKS. 

Waterworks  and  appurtenances,  authorized 30  (16)  24 

WEIGHTS  AND  MEASURES. 

Standard  weights  and  measures  fixed 30  (17)  25 


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